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HomeMy Public PortalAboutBy-Law 2012-13 Adopt Wireless Telecommunications Facilities Consultation PolicyCORPORATION OF THE MUNICIPALITY OF TWEED BY-LAW NO. 2012-13 Being a By -Law to adopt a Wireless Telecommunications Facilities Consultation Policy for the Municipality of Tweed. WHEREAS the Municipal Act, 2001 provides the general authority for Councils to adopt policies; NOW THEREFORE the Council of the Corporation of the Municipality of Tweed enacts as follows: 1. That the Policy for Wireless Telecommunications Facilities attached hereto as Schedule "A" to this by-law is hereby adopted as the consultation protocol for the establishment of telecommunications facilities, including towers, in the Municipality of Tweed. 2. That this by-law shall come into force and take effect immediately upon the passing thereof by the Council of the Corporation of the Municipality of Tweed. Read a first and second time this 24th day of April, 2012. Read a third and final time, passed, signed and sealed in open Council this 24th day of April, 2012. c CORPORATION OF THE MUNICIPALITY OF TWEED POLICY FOR WIRELESS TELECOMMUNICATIONS FACILITIES CONSULTATION O This Policy for Wireless Telecommunications Facilities Consultation is issued under the authority of the Council of the Corporation of the Municipality of Tweed in accordance with By -Law No. 2012-13 dated April 24, 2012. D MUNICIPALITY OF TWEED WIRELESS TELECOMMUNICATIONS FACILITIES - CONSULTATION PROCESS The following protocol shall constitute the consultation process for the establishment of wireless telecommunications facilities, including towers, in the Municipality of Tweed. 1. Definitions. For the purposes of this document the following meanings shall apply: `Municipality' shall mean the Corporation of the Municipality of Tweed. `Minimum Separation Distance' shall mean a radius of three times the tower height, measured from the tower base or the outside perimeter of the supporting structure, whichever is greater. `Proponent' shall mean the service provider or company proposing to install a telecommunications facility (tower). 2. Prior to finalizing plans, proponents of wireless telecommunications facilities shall consult with the Municipality in order to identify local concerns in the search area, opportunities to co -utilize existing structure, and to identify land owned by the Municipality or other public authorities which may be a suitable site for a lease. 3. Proposals which meet the following criteria are exempt from the requirement to consult: i. maintenance of existing radio apparatus including the antenna system, transmission line, mast, tower or other antenna -supporting structure; ii. 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, a building, water tower, 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; iii. maintenance of an antenna system's painting or lighting in order to comply with Transport Canada's requirements; iv. 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 which is removed within 3 months after the emergency or special event; v. new antenna systems, including masts, tower or other antenna -supporting structure with a height of less than 15 meters above ground level. 4. Proponents shall, where reasonably possible, have regard to matters of engineering, economics, conflicting land uses or matters of an environmental concern in the consideration of proposed sites in the following order: i. sites co -located on existing structure in non-residential areas where feasible; ii. land outside of zoned residential areas where possible; O Page 2 - Telecommunications Facilities Protocol iii. land owned by the Municipality or other public authority; iv. sites co -located on existing structures in residential areas; and v. new structures on land owned by private landowners. 5. Proponents shall provide drawings and information for review by the Municipality at a site plan level of detail together with a justification report in which proponents will document their site selection process together with an explanation for the height and built form of the new facility. In addition to the Municipality, proponents will undertake to provide the aforementioned information package to the County of Hastings, Quinte Conservation, Hastings and Prince Edward Counties Health Unit, Ministry of Natural Resources and such other bodies or agencies identified by the Municipality for circulation. 6. Upon acceptance of the proposal by the Municipality, the proponent shall provide the Municipality with a legally binding undertaking to construct the facility in accordance with the information package provided or as agreed to by the Municipality. This undertaking will document concurrence between the parties without requiring the Municipality to take any further action. 7. Proponents shall ensure that the public and the Municipality are informed of the proposed antenna system and the proponent shall prepare and distribute a notification package developed in accordance with the requirements of Industry Canada Circular CPC -2-0-03 to all property owners located within the minimum separation distance. 8. Where towers are proposed to be constructed in excess of 40 metres in height, notice shall be posted in a local newspaper in accordance with Industry Canada's requirements, at the proponent's expense. 9. If the proposed new facility is located within the minimum separation distance of a neighbouring municipality, the proponents shall distribute to that municipality a copy of the notification package as otherwise provided for herein. As well, in cases where proponents are aware that a potential Aborginal treaty right or land claim may be affected by the proposed installation, the proponent shall advise Industry Canada to ensure that the requirements for consultation are met. 10. The public consultation process shall be conducted in accordance with Industry Canada's expectation that consultation will be concluded within 120 days. 11. Except as otherwise provided for herein, all other requirements as provided for in Industry Canada Circular CPC -2-0-03 shall remain in full force and effect. 12. A standardized form entitled `Municipal Consultation Application' shall be utilized by proponents to document compliance with the consultation process herein identified. Page 3 - Telecommunications Facilities Protocol The following information shall form part of the consultation process for the establishment of telecommunications facilities in the Municipality of Tweed. 1. The Municipality recognizes that, for the most part, the development of telecommunications facilities are regulated and approved by the Government of Canada. 2. The Municipality of Tweed consultation protocol for Wireless Telecommunications Facilities was established pursuant to the legal authority provided with Industry Canada Circular CPC -2-0-03 under the regulatory control of Industry Canada. 0 O 3. The protocol has been developed along the guidelines of Industry Canada Circular CPC -2- 0-03 with minor deviation to provide for greater notification to ensure local concerns are addressed. 4. The provisions held with the Protocol are the controls established by the Municipality for the regulation of this type of development. Additional controls in Industry Canada Circular CPC -2-0-03 may not be addressed by the Municipality's Protocol and the proponent should be aware that the Municipality's Protocol is not intended to replace all the provisions in Industry Canada Circular CPC -2-0-03. 5. The proponent shall contact the Municipality early in the process to ensure that the Municipality is aware of the proposal to develop a communications tower. 6. The Municipality recognizes the importance of these structures to provide for better communication throughout the Municipality. The Municipality further recognizes the erection of this form of development can be intrusive in nature. To this end, proponents proposing this form of development shall whenever possible ensure that the proposal does not conflict with adjoining land uses and takes into consideration all environment issues that could be impacted by the development. 7. Municipal staff will assist the proponent in identifying local concerns that may have an impact on any proposed site. 8. Upon the establishment of a specific site, proponents shall provide the necessary drawings in a level of detail so that the Municipality has a thorough understanding of the extent and impacts of the proposal together with any buildings associated therewith as well as all safety devices, entrances, parking areas and any other associated detail. 9. The development of the telecommunications tower will not be subject to site plan control as per Section 41 of the Planning Act. 10. If the Municipality is in agreement in principle with the location and development of the telecommunications tower as per the drawings submitted, notice of this agreement in principle shall be provided to the proponent and the proponent at that time shall proceed with the circulation of notice of the tower as per the provisions of the Protocol. Page 4 - Telecommunications Facilities Protocol 11. Upon circulation of the notice, and the addressing of any concerns arising from the notice, the proponent shall provide evidence to the Municipality of all circulations and how any concerns were resolved or mitigated together with a legal undertaking that provides for the tower to be developed as per the drawings previously submitted or as amended arising from the addressing of any concerns relating thereto. 12. Buildings and other structures associated with the telecommunications towers may be subject to additional controls pursuant to the Ontario Building Code Act, the zoning by- law of the Municipality and other such controls that may be adopted from time to time. Prior to the development of any buildings or structures associated with the telecommunications tower, the proponent shall ensure that all necessary permits have been ` issued by the Municipality or other such legal authority. 13. The Municipality upon review and acceptance of all submitted material shall provide a letter of concurrence to the proponent which states that the proposal meets with the Protocol established by the Municipality and the proponent may submit this letter together with the application for the development of a communications tower to Industry Canada for approval. 14. Any deviation from the proposed drawings of the telecommunications tower and the legal undertaking provided to the Municipality and arising from the approval granted by Industry Canada for the development of the telecommunications shall be provided to the Municipality.