HomeMy WebLinkAboutDTS-10-022 - Telecommunication tower and antena protocol
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Development &
Techrr~ca~ Services
REPORT T0: Development & Technical Services Committee
DATE OF MEETING: March 8, 2010
SUBMITTED BY: Alain Pinard, Interim Director of Planning
PREPARED BY: Sheryl Rice, Development Technician (519-741-2844)
WARD(S) INVOLVED: All
DATE OF REPORT: February 12, 2010
REPORT NO.: DTS-10-022
SUBJECT: TELECOMMUNICATION TOWER AND ANTENNA
PROTOCOL
RECOMMENDATION:
That the Draft Telecommunication Tower and Antenna Protocol, dated February 1, 2010,
be approved in principle and forwarded to Industry Canada for its review and comment.
BACKGROUND:
In 2001, Planning staff presented a report to Council which outlined the role and responsibilities
of the Municipality in the review of applications for new communications towers. At that time
Council passed a resolution that staff review alternative means of increasing the city's
participation in regulating the location of communication towers. A draft protocol was presented
to Council in 2003, which outlined local issues regarding land use, aesthetics and safety but
was not adopted as City Policy at that time.
In 2008, the law firm of Thomson Rogers who represent Bell Mobility, Rogers Wireless and
TELUS Mobility, requested that City Council designate an official to meet with their clients in
order to facilitate consultation on ways to improve wireless service in the area. Staff report
DTS-08-110, dated August 22, 2008, recommended that the Supervisor of Site Plan
Development be appointed the designated official for the City and Council passed the
resolution. The report noted that Planning staff will work with the telecommunications
companies to prepare a draft protocol document to be presented to Council at a future date.
Staff has developed a draft protocol and it is attached as Appendix A - "Draft
Telecommunication Tower and Antenna Protocol".
If approved by Council, a copy of this protocol will be forwarded to Industry Canada, who will
then review it and provide feedback. Once any changes are made, the protocol will be brought
back to DTS to be adopted by Council as a City Policy.
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REPORT:
The increasing demand for wireless communication for television, radio, telephone, emergency
response and many other purposes has resulted in increasing demand for towers and antennas
to be strategically placed throughout the community. The Federal government, through Industry
Canada, is responsible for both regulating and authorizing the location of telecommunication
towers, antennas and related facilities. In some cases, a requirement to obtain a license from
Industry Canada requires the communications company to consult with the local land-use
authority and the public. Though Industry Canada has a process in place for consultation with
land use authorities, they do encourage local land use authorities to develop their own protocol.
City of Kitchener staff have developed a draft protocol which contains several sections with the
key sections being:
Section 2 -guidelines for site selection, design and landscaping for the site.
Section 4 -Planning staff will use the Site Plan process to review proposed sites. The Site Plan
review process already exists and provides staff with an opportunity to review and comment on
new telecommunication towers and antennas. The City recognizes that Industry Canada has
the final approval for telecommunications facilities and there will be no requirement for the
proponent to enter into a Site Plan agreement as part of this process.
Section 5 -Public notification requirements. In the past, the placement of telecommunication
towers has led to complaints from local residents, particularly related to the close proximity of
towers to residential neighbourhoods. It is anticipated that the attached Protocol will help to
mitigate neighbours concerns because the protocol requires that a notification process be
followed in certain cases where towers are located near or inside residentially zoned areas.
FINANCIAL IMPLICATIONS:
N/A
COMMUNICATIONS:
Planning staff consulted with Ron Wheeler of Industry Canada and Beth Turner of Thomson
Rogers during the preparation of the draft protocol.
CONCLUSION:
N/A
REVIEWED BY:
• Brian Page, Supervisor of Site Plan Development
• Della Ross, Manager of Development Review
ACKNOWLEDGED BY: Jeff Willmer, Interim General Manager
Development and Technical Services Department
List of Attachments
Appendix A -Draft Telecommunication Tower and Antenna Protocol
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City of Kitchener
Telecommunication Tower
and Antenna Protocol
February 1, 2010
Table of Contents
Section 1
Section 2
Introduction and Obi
Guidelines
Site Selection
Design & Landscapin
Section 3 Exemptions from Requirement for Municipal Review
i
Section 4 Site Plan Review Process
Pre-Consultation
Site Plan Application Process
Submission Requirements
Section 6 Concluding Consultation
Section 7 Definitions
Appendix `A' Photos of Stealth Design Examples
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Section 1 -Introduction and Objectives
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2. New telecommunication towers are strongly discouraged within 120 metres of any
Residential Zone, elementary or secondary school, or Heritage Conservation District,
unless required for reasons of engineering or network objectives. If a new tower is
proposed to be located within 120 metres of a Residential Zone, school or Heritage
Conservation District, a detailed rationale for the necessity of this location must be
provided in the Site Selection/Justification Report (see `Submission Requirements').
3. The Proponent shall make every effort to locate new telecommunication towers within
lands that are zoned Industrial or Commercial, whenever possible and where
technically feasible.
4. When selecting sites fortelecommunication towers, the following shall be considered:
a) Maximizing locations with a minimum distance separation of 120 metres or more
from residential uses, schools, and active park space;
5. Proponents shall be encouraged to locate telecommunication towers with a minimum
setback to all property lines and to all existing buildings of a distance equivalent to the
height of the tower (measured from grade), whenever possible.
6. Proponents are furthermore encouraged to comply with Zoning By-law regulations
which do not conflict with federal law respecting radiocommunication.
Design and Landscaping
The use of design features, colour, and landscaping can be used to screen
telecommunication facilities from view and should be encouraged, whenever possible. The
following design guidelines should be taken into consideration when designing a new
tower or antenna:
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1. New telecommunication towers which are located more than 120 metres from a
Residential Zone or elementary or secondary school shall be designed with co-location
capacity.
2. A new telecommunication tower which must be located within 120 metres of a
Residential Zone or elementary or secondary school for reasons of engineering or
network objectives is not required to be designed for future co-location capacity. In this
situation, a monopole design or other stealth design technique, as described in point #3
below, may be considered. .;..
3. Where appropriate, stealth design techniques, including, but not limited to,
camouflaging antenna within church steeples, clock towers, or flagpoles, should be
used in the design of a new telecommunication tower. If stealth design techniques are
employed in the design of a new tower, co-location capacity will not be required in
accordance with #1 above. See Appendix "A"for photos of stealth design examples.
4. The design of the tower or antenna should be sympathetic to the surrounding
architecture and built form.
5. Where appropriate, the planting of trees and shrubs at the tower site is encouraged to
enhance the character of the surroundings. ~.
6. Safety features shall be incorporated to prevent unauthorized access.
7. Efforts should be made to decrease the size and visibility of telecommunication towers
so that they blend in with the surroundings to the greatest extent possible. To reduce
the scale and visual impact of towers, mitigation measures should include
consideration of design features, structure type, colour, materials, landscaping,
screening, and decorative fencing. Neutral colours that blend the structure with its
surroundings are encouraged (though it is recognized that new towers must comply
with the requirements of Transport Canada and NAV Canada). Where equipment
shelters are located on the ground, the visual impact of the built form shall be mitigated
through the use of colour, decorative fencing, screening, landscaping and/or building
material similar to the neighbourhood.
8. Telecommunication towers will only accommodate telecommunication antennas and
only signage directly related to the equipment or required by Industry Canada shall be
permitted on the site. A small plaque must be placed at the base of the structure
(either on the tower, shelter or fence) identifying the owner/operator and contact
information (including phone number). The sign shall be no larger than 0.6 m x 0.6 m
and a sign permit is not required. No third party advertising or promotion shall be
permitted. All signage shall comply with the City of Kitchener Sign By-law (Chapter 680
of the City of Kitchener Municipal Code).
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9. Lighting of telecommunication antenna and towers is prohibited unless required by
Transport Canada. Proof of this requirement should be provided by the Proponent to
the City of Kitchener with their application. If lighting is required, shields to prevent
objectionable light (glare) from affecting any adjacent residential area are required, and
in keeping with Transport Canada tower lighting requirements.
Section 3 -Exemptions from Requirement for Municipal Review
Proposed telecommunication towers and antennas which are exempted from the
requirement to consult with the City of Kitchener under the provision of Industry Canada's
CPC-2-0-03 ("Radiocommunication and Broadcasting Antenna Systems", June 2007) will
be exempt from the requirement to submit an application. The exemptions are listed as
follows:
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1. Maintenance of existing radio apparatus including the antenna system, transmission
line, mast, tower or other antenna-supporting structure.
2. Addition or modification of an antenna system (including improving the structural
integrity of its integral mast to facilitate sharing), the transmission line, antenna-
supporting structure or other radio apparatus to existing infrastructure, abuilding, etc.,
provided the addition or modification does not result in an overall height increase above
the existing structure of 25% of the original structure's height.
3. Maintenance of an antenna system's painting or lighting in order to comply with
Transport Canada's requirements.
4. Installation, for a limited duration (typically not more than 3 months), of an antenna
system that is used for a special event, or one that is used to support local, provincial,
territorial, or national emergency operations during the emergency, and is removed
within 3 months after the emergency or special event.
5. New antenna systems, including masts, towers, or other antenna-supporting structure,
with a height of less than 15 metres above ground level.
H~qe Review - It is noted that although towers may be exempt from the municipal
consultation application process they may still require formal heritage approvals (Heritage
Impact Assessment andlor Heritage Permit application). These approvals may be required
for all properties designated under Part IV or V of the Ontario Heritage Act; all properties
directly adjacent to a designated property; and, all properties listed as anon-designated
property of cultural heritage value or interest on the Municipal Heritage Register.
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Section 4 -Site Plan Review
All proposals for a new telecommunication tower which are not exempt from the
requirement for municipal consultation, as specified in Section 3, are required to submit a
full Site Plan application to the City of Kitchener for review. Applications are to be
submitted to the attention of the City's Supervisor of Site Plan Development, who has been
delegated as approval authority, or in his absence, the Director of Planning.
While the City of Kitchener recognizes that Industry Canada is the final approval authority
for telecommunication facilities, it is also recognized that Industry Canada directs
telecommunication proponents to consult with the local municipality prior to erecting any
non-exempt telecommunication towers. Although new telecommunication facilities are not
required to obtain site plan approval under The Planning Acf, the City's Site Plan
application process is an existing process which affords the City an opportunity to review
and comment on new telecommunication towers. There will be no requirement for the
Proponent to enter into a Site Plan Agreement as part of this rocess.
Pre-Consultation
Prior to submitting a Site Plan application, the Proponent is required to attend a formal
Pre-Consultation Meeting with City staff for any proposed telecommunication towers which
are not exempt from the requirement for municipal consultation, as specified in Section 3.
Proponents may obtain aPre-Consultation Meeting Request Form from the Planning
Division or at:
The purpose of aPre-Consultation meetin
http:llwww.kitchener.ca/city hall/department
site plan.html
wtech services/planning/plan dev applicl
• Determine if the proposal will require public notification, as per Section 5;
• Provide an opportunity for discussion of site selection and design guidelines to ensure
that all siting options are considered priorto aSite Plan application being submitted;
• Identify any preliminary concerns or constraints on potential telecommunication tower
sites; and,
• Review submission requirements for the Site Plan application and identify any
additional studies that may be required to be submitted with the application (including,
for example, a Heritage Permit Application, Heritage Impact Assessment, and/or an
Environmental Impact Statement).
Following the Pre-Consultation meeting, the applicant will be provided with a Site Plan
application form.
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Site Plan Application Process
Following the Pre-Consultation meeting, and upon submission of a completed Site Plan
application and fee, the following process shall be undertaken:
1. Planning staff shall circulate the application to relevant departmentslagencies, including
the Ward Councillor, for information and comment.
2. All comments received as a result of the internal circulation of the Site Plan application
shall be provided to the Proponent.
3. If public notification is required, as per Section 5, the Proponent shall provide the City
with a public notification package, which will then be circulated by City staff; as outlined
in Section 5 (Notice Requirements). The City will circulate by mail the notification letter
to all property owners within a radius of three times the tower height.
4. The Proponent shall respond to the comments received, make the required
modifications to the plans, and submit revised plans and drawings, where required.
5. Once all concerns have been addressed, and if the City is in agreement, the City shall
provide approval of a "Telecommunications Plan" and a formal letter to Industry
Canada and the Proponent. If there is non-concurrence with the proposal, a letter will
be provided to Industry Canada and the Proponent as outlined in Section 6.
6. The entire process shall take no more than 120 days to complete, as outlined in
Industry Canada's publication CPC-2-0-03 ("Radiocommunication and Broadcasting
Antenna Systems", June 2007). Proposals that do not require public consultation are
expected to take less than 60 days to complete.
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Submission Requirements
The following information shall be submitted with the Site Plan application:
1. Site SelectionlJustification Report -this report shall outline the steps taken by the
Proponent to investigate all non-tower and co-location options, and why a new tower
option is the preferred alternative. The report shall identify the location of all existing
telecommunication towers within the proponent's search area, and identify the reasons
why these towers are not suitable for co-location. The location of these towers shall be
illustrated on a map to be included in the Report. In addition, the report shall also
identify any alternate sites for the location of the new tower that were investigated by
the proponent, and the rationale for eliminating these sites as the preferred alternative.
The report shall confirm the need for a new tower at the proposed location, and will
also confirm the need for the proposed height of the tower. Future sharing possibilities
with other providers shall also be reviewed. Finally, the report shall outline the design
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elements proposed in order to minimize the visual impact of the proposed structure,
and address any lighting requirements that may be required by Transport Canada;
7. Any other information or studies identified in the Pre-Consultation Meeting.
Section 5 -Public Notification
Exclusions from Requirement for Public Notification:
1) where a proposed telecommunication tower is located at a distance of three times the
tower height or greater than 120 metres from a Residential Zone, elementary or
secondary school or Heritage Conservation District, measured from the tower base or
the outside perimeter of the supporting structure;
2) where, in the opinion of the City's Supervisor of Site Plan Development, appropriate
stealth design techniques are employed in the design of the tower (see Appendix `A'
for example designs}; and,
3) in addition, all telecommunication towers that are exempt from the requirement for
municipal review, as per Section 3, are also exempt from the requirement for public
notification.
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Notice Requirements
For all applications that are not exempt from the requirement for public notification, the
Proponent will be required to supply the City with a notification letter (the number of copies
required to be determined by the City}. The City will send notice of the proposal by regular
mail to all property owners within a radius of three times the tower height, measured from
the tower base or the outside perimeter of the supporting structure or fencing, whichever is
greater.
1. The notification shall include the following information in plain language:
a) The address of the proposed tower site; r
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Section 6 -Concluding Consultation
1. The City response to the Proponent and Industry Canada will take into consideration all
division and agency responses from the Site Plan review and from the public
notification.
2. The City's Supervisor of Site Development will provide the Proponent and Industry
Canada with a letter stating whether the local land-use consultation process has been
completed in accordance with the City's Protocol, and will include recommendations
regarding the proposal as follows:
a) Concurrence, if the proposal conforms with the City's requirements, as set out
within this Protocol, and will include conditions of concurrence, if required; or,
b) Non-concurrence, if the proposal does not conform with the City's requirements, as
set out in this Protocol. The City will further provide details of what deficiencies,
under the protocol, the non-concurrence was based upon.
3. The City will provide a copy of this letter to all interested parties and the Ward
Councillor.
Section 7 -Definitions
Co-location -the installation of multiple telecommunication antenna systems on a building
or tower structure by two or more Proponents.
Cultural Heritage Landscape - a defined geographical area of heritage significance,
which has been modified by human activities and is valued by a community. It involves a
grouping(s) of individual heritage features such as structures, spaces, archaeological sites,
and natural elements, which together form a significant type of heritage form, distinctive
from that of its constituent elements or parts. Examples may include, but are not limited to,
heritage conservation districts designated under the Ontario Heritage Act; and villages,
parks, gardens, battlefields, mainstreets and neighbourhoods, cemeteries, trailways, and
industrial complexes of cultural heritage value. (PPS, 2005)
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Industry Canada -the Federal Department which is responsible for radio frequency
spectrum management. Information detailing federal procedures relating to the siting of
radiocommunication and broadcasting antenna systems is available at:
www. ic. qc. ca/antenna
Proponent -shall include the following: AM, FM, TV Broadcast Undertakings; Cable
Television Distribution Undertakings; Radiocommunication Service Providers; and
Radiocommunication Users (business or government use only).
Telecommunication Facility -the components required for the operation of a wireless
communication network, which includes cell sites, transmitters, receivers, antennas, and
an unoccupied equipment shelter.
Telecommunication Tower - a structure used to support one or more antenna systems
for the purpose of radio telecommunications and which may include, but is not limited to, a
guyed tower, aself-support tower or monopole tower, and which may be located at ground
level or on the roof of a building.
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APPENDIX'A-1' -Stealth Design Examples
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FLAG POLE
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APPENDIX'A - 2' -Stealth Design Examples
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APPENDIX `A - 3' -Stealth Design Examples
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