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HomeMy WebLinkAbout23 096 Concurrence Request Process for Wireless Telecommunication Towers Policy By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2023 – 096 Being a By-law to Adopt a Concurrence Request Process for Wireless Telecommunication Towers Policy for The Corporation of the Municipality of Kincardine Whereas pursuant to the said Municipal Act, Sections 8 and 9 provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; and Whereas Section 270 (1) of the Municipal Act 2001, S.O. 2001, c. 25, as amended, requires a municipality to adopt and maintain a policy with respect to the manner in which the municipality will try to ensure that it is accountable to the public for its actions, and the manner in which the municipality will try to ensure that its actions are transparent to the public; and Whereas the Council of the Corporation of the Municipality of Kincardine desires to adopt a new Concurrence Request Process for Wireless Telecommunication Towers Policy; now therefore be it Resolved that the Council of The Corporation of the Municipality of Kincardine Enacts as follows: 1. That the Concurrence Request Process for Wireless Telecommunication Towers Policy for The Municipality of Kincardine, attached hereto as Schedule ‘A’ and forming part of this By-law be adopted. 2. That this By-law shall come into full force and effect upon its final passing. 3. That all other Policies passed by By-law and Motions inconsistent with this By-law, be repealed. 4. That By-law may be cited as the “Concurrence Request Process for Wireless Telecommunication Towers Policy By-law”. Read a First and Second Time this 12th day of June, 2023. Read a Third Time and Finally Passed this 12th day of June, 2023. Mayor Clerk Schedule ‘A’ By-law 2023 - 096 Policy No.: DEV.01 Section: Your Infrastructure and Services Policy Title: Concurrence Request Process for Wireless Telecommunication Towers Adopted Date: June 12, 2023 By-law No.: 2023 - 096 Revision Date: 1. Purpose The purpose of the Telecommunication Tower Policy is to detail a consistent review process for telecommunication tower applications, as well as defining the Municipality’s expectations relating to the location and design of telecommunication facilities. All new telecommunication facilities are expected to follow this process in the Municipality of Kincardine. Applications for the installation of telecommunication facilities fall under the jurisdiction of Industry Canada, subject to approval under Innovation, Science and Economic Development Canada (ISED). The Municipality recognizes that it has no jurisdiction to regulate telecommunication facilities under the Planning Act, R.S.O, 1990. Proponents are advised that municipal resolutions of concurrence, support, or endorsement are awarded without prejudice. 2. Scope This policy applies to any proponent planning to install a new, or modify an existing, telecommunications facility that requires approval under the jurisdiction of Industry Canada. 3. Responsibility Council delegates the consultation and concurrence function for the evaluation of all wireless telecommunication facilities to the Manager of Development Services/ Chief Building Official (the "Designated Official") or their designate. Subsequent request for a Letter of Concurrence shall be subject to an administration fee of $300. 4. Procedure/ Policy 4.1.Prior to finalizing their plans, Proponents of telecommunication facilities (the "Proponents") will consult with the Designated Official to identify local concerns in the search area, opportunities to co-utilize existing structures, and to identify land owned by the Municipality of Kincardine (the "Municipality") which may be a suitable site for a lease for the proposed facility. 4.2.As set out in Industry Canada's circular CPC-2-0-03 (as amended), proposals that meet the following criteria are exempt from the requirement to consult: (a) maintenance of existing radio apparatus including the antenna system, transmission line, mast, tower or other antenna-supporting structure; (b) 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; (c) maintenance of an antenna system's painting or lighting in order to comply with Transport Canada's requirements; Schedule ‘A’ By-law 2023 - 096 (d) 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; and (e) new antenna systems, including masts, towers or other antenna- supporting structure, with a height of less than 15 metres above ground level. 4.3.The Municipality prefers that all new sites under consideration for telecommunication facilities be co-located on existing structures in non- residential areas. Any new facility should be designed to be co-location friendly or of "open access". Subsequent to that, Proponents shall, where reasonably possible, consider proposed sites in the following order: (a) land outside of zoned residential areas; (b) land owned by the Municipality; (c) sites co-located on existing structures in residential areas; and (d) new structures on land owned by private land owners. 4.4.Recognizing that the Municipality has no jurisdiction under the Planning Act to regulate telecommunication facilities, the Municipality requires that drawings and applicable information will be submitted by Proponents for review at a site plan level of detail together with a justification report in which the Proponents will document their site selection process together with an explanation for the height and built form of the new facility. The Municipality will circulate the aforementioned information package to those typical internal departments and external agencies identified by the Municipality through its site plan application process for comment. 4.5.Any and all proposed buildings or modifications to existing buildings associated with the proposed telecommunications facility will be subject to the provisions of the Ontario Building Code and require the issuance of a permit by the Chief Building Official. 4.6.To ensure that the affected public is consulted, when proposed facilities are located close to residential zones (as defined by the Zoning By-law [2003-25, as amended]) (i.e. within an area defined by a radius three (3) times the height of the antenna measured from the base of the support structure), Proponents shall provide the public, located within said defined radius, with a notification package containing the information detailed in Industry Canada's written notification process and provide the Municipality with a summary of any comments received and how they were addressed. Upon request, the Municipality will provide the Proponent with a list of the affected property addresses within the defined area for mailing of said notification package. 4.7.If an agreement is reached between the Designated Official and the Proponent, the Proponent will provide the Municipality with a legally binding undertaking to construct the proposed facility in accordance with the information package subject to any and all agreed upon modifications. 4.8.Where towers/antennas are proposed to be constructed in excess of 100 metres in height, notice of the proposal shall be published in a local newspaper in accordance with Industry Canada's requirements, at the Proponent's expense within seven (7) days of the time of submission of the notification package to the Municipality. 4.9.If the proposed new facility is located within the area three (3) times the tower height, from a neighbouring Municipality, Proponents shall also notify that Municipality. Schedule ‘A’ By-law 2023 - 096 4.10.All the foregoing will respect Industry Canada's expectation that consultation will be concluded within 120 days. 4.11.Should Industry Canada modify its guidelines and/or circular CPC-2-0-03 with respect to the regulation of telecommunication facilities, the Municipality reserves the ability to amend/rescind this policy.