HomeMy Public PortalAboutPH A 08-13-13 Communications Tower - 165 Beech Hill Road Gold RiverMUNICIPALITY OF THE
DISTRICT OF CHESTER
R E P O R T
DATE: 21 June 2013
TO: Mary Ellen Clancey, Chair, and Members of the Municipal
Planning Advisory Committee
FROM: Bill DeGrace, Senior Planner
DEPARTMENT: Community Development
Tara Maguire, Director, Community Development
SUBJECT: Communications Tower – Gold River
______________________________________________________________________________________________________________________
1. BACKGROUND:
By letter dated 31 May 2013, Eastlink has notified the Municipality of its plan to install a new 76.2 m
communications tower in the Gold River area, specifically adjacent to a Nova Scotia Power substation off Beech
Hill Road (Figure 1).
The new tower is required to meet an increasing demand for wireless voice and data services, in particular to
ensure reliable wireless service coverage for Chester, Chester Basin, Gold River, Western Shore and Highway
103.
Eastlink is seeking a letter of concurrence from the Municipality in accordance with Industry Canada
requirements. This report analyses the proposal according to the criteria for radio-communications towers, as
set out in section 9A.0 of the Municipal Planning Strategy (MPS).
2. MUNICIPAL PLANNING STRATEGY
The proposed site for the tower is in the General Basic Zone, where development permits are required for a list
of large commercial, industrial and residential developments. Radio-communications towers are not subject
to regulation by the Municipality. Rather, they fall under the jurisdiction of the Government of Canada, through
Industry Canada. Industry Canada encourages Municipalities to adopt a policy and a procedure for informing
the public and encouraging the public to express their views on proposals for these towers. Accordingly, Part
9A.0 of the Municipal Planning Strategy establishes a procedure that includes co-ordination of a public
consultation process. The views of the public and Council’s recommendation are forwarded to Industry
Canada for a decision on whether or not to issue a license to construct the proposed tower.
Section 9A.01 states the intent of the policy, to enable affected persons to review and comment on
proposals for new telecommunication facilities.
Section 9A.0.2 identifies that the role of the Municipality is to advise proponents of suitable locations
and to facilitate discussion with the public.
Section 9A.0.3 provides for consultation with municipal staff which is encouraged. The staff role is to
review the proposal in the context of any land use sensitivities, either historically or environmentally,
and offer guidance. Staff may also offer guidance on possible sites and any aesthetic or landscaping
preferences. Eastlink has consulted with municipal staff, considered their own operational
requirements, and submitted their application.
Section 9A.0.4 lists the information required in an application. In addition to information on tower
location and details, compliance with Health Canada’s Safety Code 6 is required (exposure to
radiofrequency electromagnetic energy). Additional requirements include status under the Canadian
Environmental Assessment Act (no requirement for assessment if the footprint is under 25m² and not
within 30m of a water body, and no polluting substance will be released), and an attestation that the
installation will respect good engineering practices. All the required information is included in the
application. The application is complete.
Section 9A.0.5 provides for application fees. The application fee and advertising deposit has been
received.
Section 9A.0.6 requires submission of a staff report. This application will follow the same procedure
for public consultation as a development agreement. A referral is made to staff for a report and to the
Planning Advisory Committee for a recommendation to Council. Notice is then given to area residents
and property owners within a radius defined by three times (3x) the height of the proposed tower. A
public information meeting is held, followed by a public hearing. Finally, decision is made by Council
whether to issue a letter of concurrence, concurrence with conditions, or a non-concurrence, to
Industry Canada.
Section 9A.0.7 lists exclusions from the public consultation process. This tower is not exempt from the
procedure outlined above.
Section 9A.0.8 lists the concerns Council may consider in reviewing the application, including but not
limited to items (a) to (g) below. Staff comments on these issues are as follows:
a) Is it possible to use an existing antenna
system or structure?
There is no existing system or structure on which to locate or
co-locate.
b) Is an alternate site necessary or
possible?
Eastlink has examined a number of sites in the area, including
sites at Gold River Auto Sales, Gold River Marina, and a number
of private property owners. An application had been made for
a tower on the property owned by the late Calvin Delorey, but
this was withdrawn after receiving feedback from the public.
After consulting with staff and PAC, the company concluded
that a site north of Highway 103, as in the selected site, best
meets its network needs while minimizing visual impact.
c) Is the antenna system secured against
public access?
Access will be from Beech Hill road via a service easement
adjacent to the NS Power substation. This is a 76.2m (250 ft)
guyed telecommunication tower with a 2.5 m antenna will be
enclosed at its base with steel wire fencing 6’8” in height, and
the tower itself will be equipped with an anti-clime apparatus.
d) Is it possible to integrate the antenna
into the local surroundings?
The proposed tower location in close proximity to an existing
Nova Scotia Power substation is in a well-treed area located
about 200m from Beech Hill Road. The upper reaches of the
tower can be expected to be visible from Highway 103 and
Beech Hill Road. Eastlink indicates that it makes every effort to
seek sites having minimal visual impact. In so doing, it meets
with area residents and municipal officials to ascertain the
acceptability of sites.
e) What options are available to satisfy
aeronautical obstruction markings requirements
at this site?
Eastlink has made application to Transport Canada for the
required approvals. These have not yet been received, but
Eastlink anticipates no issues with approval.
f) Has the proponent taken steps to
satisfy the general requirements of Industry
Industry Canada’s requirements cover land use authority
procedures, dispute resolution procedures, radio frequency
(Health Canada) limits, aeronautical and broadcaster operator
Canada publication CPC-2-0-03? notification. The proponent has taken the appropriate steps.
g) Any other matters of planning concern. No other matters.
3. DISCUSSION
Based on the forgoing considerations, staff finds the identified location for Eastlink’s proposed
telecommunication tower to be acceptable from a planning perspective.
4. OPTIONS
a. Recommend that Council issue a letter of concurrence.
b. Recommend that Council issue a letter of concurrence with conditions.
c. Recommend that Council do not issue a letter of concurrence.
5. RECOMMENDATION
That PAC advise Council to undertake the public consultation process required by policy to issue a letter of
concurrence.
Bill DeGrace
Senior Planner
FIGURES AND APPENDICES
Figure 1 Proposed location
Figure 2 Area properties
Figure 3 Site plan details
Figure 4 Tower and guy profile
Figure 5 Tower structural details
Figure 6 Photographic representation
Appendix 1 Planning Strategy Extracts
P:\TEXT\CHEM\CHEMPRJ\Communication and Cell Tower Applications\Eastlink Gold River.docx
Figure 1: Proposed location
Figure 2: Area properties
Figure 3: Site plan details
Figure 4: Tower and guy profile
Figure 5: Tower structural details
Figure 6: Photographic representation
APPENDIX 1
MUNICIPAL PLANNING STRATEGY EXTRACTS
9A.0 RADIOCOMMUNICATIONS TOWERS
9A.0.1 The intent of this Policy is to establish a procedure which will allow all affected persons to review and
comment on proposals for new radio telecommunications facilities within the Municipality of Chester.
9A.0.2 Council recognizes that the sole authority for issuing approvals for radio telecommunications facilities lies
with the Federal Government, and specifically with Industry Canada under the Radiocommunications Act.
Consequently, the role of the Municipality is to:
a) advise proponents of suitable locations for radiocommunications antennas and
b) facilitate consultation with the local public and convey the results of that consultation to Industry Canada in
the form of a recommendation.
9A.0.3 Prior to submitting to the Municipality an application for a recommendation on a radiocommunications
antenna installation, the proponent is encouraged to consult with staff of the Planning Department to:
c) review the requirements of this policy:
d) review any of historic and environmental land-use sensitivities;
e) obtain guidance and preferences on the various possible areas and sites to be considered;
f) obtain information concerning any aesthetic or landscaping preferences.
9A.0.4 An application for a recommendation on a radiocommunications antenna installation must include:
a) The proposed antenna system’s purpose, the reasons why existing antenna systems or other infrastructure
cannot be used, a list of other structures that were considered unsuitable and future sharing possibilities for the
proposal;
b) The proposed location within the community, the geographic co-ordinates, and the location on the specific
property or rooftop;
c) An attestation that the general public will be protected in compliance with Health Canada’s Safety code 6
including combined effects within the local radio environment at all times;
d) Identification of areas accessible to the general public and the access/demarcation measures to control publ ic
access:
e) The status of the project under the Canadian Environmental Assessment Act;
f) A description of the proposed antenna system including its height and dimensions, a description of any
antenna that may be mounted on the supporting structure and simulated images of the proposal;
m) Transport Canada’s aeronautical obstruction marking requirements (whether painting, lighting or both) if
available; if not available, the proponent’s expectation of Transport Canada’s requirements together with an
undertaking to provide Transport Canada’s requirements once they become available;
n) An attestation that the installation will respect good engineering practices including structural adequacy;
o) Notice that general information relating to antenna systems is available on Industry Canada’s Spectrum
management and Telecommunications website; and
p) Contact information for the proponent and the local Industry Canada office.
9A.0.5 The application for a recommendation must be accompanied by the fees set by Council from time to time.
9A.0.6 A staff report on the application will be forwarded to the Municipal Planning Advisory Committee and the
application will follow the procedure developed by the Municipality for review and approval of a Development
Agreement, with the exception that notice must be given to property owners within a radius of three times the height
of tower, in conformity with the Industry Canada requirement.
9A.0.7 In Section 6 of the Industry Canada Client Procedures Circular CPC -2-0-03. Issue 4, titled
“Radiocommunication and Broadcasting Antenna Systems” certain kinds of installations are excluded from the
requirement for public consultation.
q) It is Council’s policy that antenna systems under 15 metres height and not licensed for privat e personal use
are strongly discouraged in areas designated and zoned Single Residential (SR).
r) It is Council’s policy that public consultation is strongly encouraged for antennae systems under 15 metres
height that are to be located within 15 metres of a property boundary.
9A.0.8 In reviewing the results of the public consultation the Municipal Council may consider concerns which relate
to the requirements of the Industry Canada as well as concerns which relate to the particular amenities or important
characteristic of the area surrounding the proposed antenna system, such as but not limited to:
s) Is it possible to use an existing antenna system or structure?
t) Is an alternate site necessary or possible?
u) Is the antenna system secured against public access?
v) Is it possible to integrate the antenna into the local surroundings?
w) What options are available to satisfy aeronautical obstruction markings requirements at this site?
x) Has the proponent taken steps to satisfy the general requirements of Industry Canada publication CPC-2-0-
03? and
g) Any other matters of planning concern