HomeMy WebLinkAboutBy-law No. 2014-112 THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2014-112
BEING A BY-LAW TO
ADOPT A POLICY TO PARTICIPATE IN THE CANADIAN RADIOCOMMUNICATIONS
INFORMATION AND NOTICE SERVICE (CRINS-SINRC)AND TO UTILIZE THE
SERVICES OF CRINS-SINRC TO MANAGE THE PROCESSING OF ALL
RADIOCOMMUNICATIONS APPLICATIONS WITHIN THE MUNICIPALITY OF
BAYHAM
WHEREAS the Council of the Municipality of Bayham recognizes the need to participate
in CRINS-SINRC and to utilize the services of CRINS-SINRC to manage the processing
of all radiocommunications applications within the Municipality of Bayham in capacity as
the Land Use Authority as recognized by Industry Canada under Client Procedure
Circular(CPC) 2-0-03, Issue 5, 2014;
AND WHEREAS the Council of the Municipality of Bayham deems it advisable that
CRINS-SINRC and its staff to act as the authorized representative of the Municipality of
Bayham pursuant to Section 4 of CPC 2-0-03, Issue 5 for the purpose of receiving and
acting upon all radiocommunications applications reporting to and working with the
Deputy Clerk/Planning Coordinator;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it
advisable that the CRINS-SINRC policy, CRINS-SINRC Reference Protocol Issue 2, and
subsequent amendments as may be approved from time to time be adopted;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the CRINS-SINRC policy, CRINS-SINRC Reference Protocol Issue 2,
attached hereto as Schedule "A" is hereby adopted as protocol in force for all
radiocommunications applications within the Municipality of Bayham
2. AND THAT By-law 2014-112 shall come into full force and effect upon final
reading.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 20TH DAY
OF NOVEMBER, 2014.
/e .00
M 1 OR C ERK
X09
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2014-112
BEING A BY-LAW TO
ADOPT A POLICY TO PARTICIPATE IN THE CANADIAN RADIOCOMMUNICATIONS
INFORMATION AND NOTICE SERVICE (CRINS-SINRC) AND TO UTILIZE THE
SERVICES OF CRINS-SINRC TO MANAGE THE PROCESSING OF ALL
RADIOCOMMUNICATIONS APPLICATIONS WITHIN THE MUNICIPALITY OF
BAYHAM
WHEREAS the Council of the Municipality of Bayham recognizes the need to participate
in CRINS-SINRC and to utilize the services of CRINS-SINRC to manage the processing
of all radiocommunications applications within the Municipality of Bayham in capacity as
the Land Use Authority as recognized by Industry Canada under Client Procedure
Circular(CPC)2-0-03, Issue 5, 2014;
AND WHEREAS the Council of the Municipality of Bayham deems it advisable that
CRINS-SINRC and its staff to act as the authorized representative of the Municipality of
Bayham pursuant to Section 4 of CPC 2-0-03, Issue 5 for the purpose of receiving and
acting upon all radiocommunications applications reporting to and working with the
Deputy Clerk/Planning Coordinator;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it
advisable that the CRINS-SINRC policy, CRINS-SINRC Reference Protocol Issue 2, and
subsequent amendments as may be approved from time to time be adopted;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the CRINS-SINRC policy, CRINS-SINRC Reference Protocol Issue 2,
attached hereto as Schedule "A" is hereby adopted as protocol in force for all
radiocommunications applications within the Municipality of Bayham
2. AND THAT By-law 2014-112 shall come into full force and effect upon final
reading.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 20TH DAY
OF NOVEMBER, 2014.
/ew " • ,)
• rrr � w. ,�_
M OR CLERK
8
GRINS-SiN]'C
ck!
AA
trA
CRINS-SINRC
Antenna System Siting Review
and Consultation Protocol,
Reference Issue 2
June 1, 2012
1
f
CRINS-SINRC
9.1 LUA Recommendations Report and Concurrence 21
9.2 Circumstances of Municipal Non-concurrence 21
9.3 Time Frames 22
10 Definitions 22
3
4
CRINS-3.NRC
1 Objectives
The goal of this protocol is to provide a framework which sets out the LUA's expectations for appropriate design and
satisfactory public consultation for proposed radiocommunications facilities. The objectives that implement this goal
are:
1.1 Having regard for Industry Canada's legislative authority in a protocol which also respects the
context for development,and land-use mandate of the LUA;
1.2 Setting out a transparent,consistent,and predictable process for the evaluation of all
radiocommunications facility proposals that:
a) Establishes objective criteria and guidelines for evaluating and processing applications seeking
LUA concurrence;
b) Specifies the LUA's expectations as to how new radiocommunications facilities are to be sited
and designed in a manner that compliments the surrounding landscape and public realm;
c) Defines a clear consultation process administered through CRINS-SINRC that requires proponents
to engage and inform stakeholders about radiocommunications facilities;and,
d) Develops a predictable timeline for issuing of LUA recommendations that incorporates early
consultation to identify potential issues with applications in order to meet Industry Canada's
timeline requirements.
1.3 Detailing the roles and responsibilities of the various parties in the radiocommunications facility
consultation process;
1.4 Ensuring that the LUA's residents and businesses are made adequately aware of radiocommunications facility
proposals through education and public consultation;and,
1.5 Establishing an appropriate conclusion to the LUA consultation process,including specific outcomes and
deliverables.
5
CRIi4S-SINDe:
3 Radiocommunications Development Plan
3.1 Annual Review
3.1.1 Proponents shall be invited to submit within 90 days of the adoption of this protocol and by September 30th of
each subsequent year,a written Radiocommunications Development Plan(RDP)which outlines the
proponent's expected areas of infrastructure development for the coming year.
3.1.2 The LUA shall review each proponent's plan and identify areas of common interest between proponents.The
LUA shall host a meeting with all Proponents who submitted an RDP to identify opportunities for joint build
and co-location pursuant to Industry Canada's CPC 2-0-03 and CPC 2-0-17.
3.1.3 The LUA shall identify,as part of the meeting,areas of development and development applications within its
jurisdiction where Proponents may have an interest in expanding their services.The LUA may facilitate
discussion with land developers,and other interested parties,to allow the Proponents to consider infrastructure
options during the planning stage.
3.1.4 Where feasible,the LUA may offer the Proponents an option for pre-approval on proposed facilities where a
joint build option exists.
4 Excluded Antenna Systems
4.1 Basic Exclusions
Industry Canada excludes a number of proposals from any consultation whatsoever with the land-use
authority,its residents and businesses.The exclusions are as follows:
a) The maintenance of existing radio apparatus including the antenna system,transmission line,mast,
power,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,building,or other structure,provided the addition or
modification does not result in an overall height increase above the existing structure of no greater
than 25%of the height of the original structure.For greater clarity,Industry Canada extends this
exclusion to radiocommunications facilities proposed to be attached or affixed to any building or
structure,including a rooftop or support pillar;
c) Maintenance of a radiocommunications facility's painting or lighting in order to comply with
the requirements of Transport Canada;
d) Installation of a radiocommunications facility used for a limited duration for a special event or to
support local,provincial,or national emergency operations during that emergency,and is removed
within three months after the special event or emergency;and,
e) All radiocommunications facilities less than 15 metres(50 feet)in height.
7
CRINS-SINRC
5 Application Requirements
5.1 Pre-consultation Review
Proponents shall request a pre-consultation review through the CRINS-SINRC system.Requests for pre-
consultation will be accepted once the proponent has submitted the following information to the CRINS-
SINRC online system:
• The location of the proposed radiocommunications facility,including its address and location on the
lot or structure(CRINS-SINRC Site Information Abstract);
• A short summary of the proposed radiocommunications facility and,if applicable,how it meets one of
the exclusion criteria under Section 4 of this protocol(CRINS-SINRC Facility Type Abstract);
• Set of drawings illustrating the proposal,including a conceptual site plan,elevation drawings,and
context plan showing the development within the existing neighborhood(which can be supplied using
an aerial photograph base)according to the drawing guidelines outlined in Section 5.2(c)and(d),_
Such a request shall not be deemed by the LUA as the official commencement of the I20-day
consultation process,in accordance with Section 5.3 of this protocol.
5.2 Non-Excluded Radiocommunications Facilities
Any proposals for non-excluded radiocommunications facilities will require the submission of a complete
application through the CRINS-SINRC online system. This includes completing the online application
information,payment of fees,and uploading electronic versions of supporting documentation as follows:
a) CRINS-SINRC online data entry of the following information :
• The location of the proposed radiocommunications facility,including its
geographic coordinates,its address and location on the lot or structure(CRINS-
SINRC Site Information Abstract);
- A description of the proposed structure type,shelter type,height,access,and
utility sources(CRINS-SINRC Facility Type Abstract);
b) Upload a written justification on the CRINS-SINRC Facility Type Abstract containing:
• The rationale for the selection of the proposed site(indication of whether the site provides
coverage and/or capacity, what communities/areas will benefit from the new facility);
• Description of co-location alternatives considered within a 3 km radius of the proposed site;
• A statement indicating the justification for the height of the proposed radiocommunications
facility(towers only);
• A statement on future co-location possibilities for the support structure,if applicable(CPC-2-0-
17);
• A statement on how the radiocommunications facility, if located in an area designated for
future urban development, shall complement and become a part of the future community
without unduly limiting the potential for future urban development; and,
• A statement indicating the justification for not complying with any of the LUA's preferred
design criteria in Section 7.3 of this protocol,as applicable.
9
CRir IS-SINRC
h) Upload a statement on the potential effects that the proposal may have on nearby electronic equipment
(both existing and proposed)in accordance with CPC-2-0-03 and EMCAB-2,as well as measures
proposed to mitigate those effects;and,
i) Upload a written attestation that the proposed radiocommunications facility will comply with the
National Building Code and National Fire Code in accordance with the proponent's responsibilities
under enabling federal legislation,signed by the Professional Engineer taking responsibility for the
site's compliance.
5.3 Complete Application
To clarify Industry Canada's requirements of Section 4 of CPC-2-0-03,the LUA shall consider the date a
Complete Application was received as the official commencement of the 120-day consultation process.
Such a process is consistent with and required for other development applications in the LUA.A
determination on the completeness of an application or request for additional information will be provided
within five days of receipt of the application by the LUA.
5.4 Additional Information
If a request is made to the proponent for additional information prior to the LUA deeming the application
to be complete and no additional information is supplied within 90 days,the LUA shall advise Industry
Canada of the incomplete nature of the application and will deem the application abandoned.
6 Siting on LUA-owned Properties
Any request to install a radiocommunications facility on lands owned by the LUA shall be made to the Manager of
Realty Services,in accordance with LUA policy. Independently, an application shall be required by the proponent in
accordance with Section 5.2 of this protocol.
7 LUA Recommendations Report
The LUA acknowledges that proponents can install radiocommunications facilities in almost any location. It is the
LUA's position to work with proponents to achieve the best possible design of a radiocommunications facility for
constituents. Such design strikes an appropriate balance between technological and network coverage requirements,
and unobtrusive development that compliments or improves the surrounding landscape and public realm.
As part of the input provided to proponents and Industry Canada,an LUA Recommendations Report will be provided
for all proposed installations and shall be a required deliverable for non-excluded applications prior to a Notice of
Completion being issued. The LUA Recommendation report shall consist minimally of the following elements:
11
CRINIS-yINRC
S1NRC on the date the LUA Recommendation Report is presented to Council. However, a
statement of concurrence from the LUA will only occur with the approval of Council.
7.3 Statement on Compliance with General Design Recommendations
The following general design guidelines shall apply for all radiocommunications facilities in the LUA and proponents
are asked to follow these guidelines,as applicable, for all proposed facilities:
7.3.1 Colors used for all components of the radiocommunications facility shall be compatible with the
surrounding landscape and public realm:
a) Color matching shall be the first preference for the LUA,with the exact color(s)
determined on a case-by-case basis to enhance the surrounding landscape and public realm;
b) Neutral colors shall be the second preference;and,
c) Non-reflective surfaces and paints shall be used.
7.3.2 Designs requiring no illumination are expected except where Transport Canada and NAV Canada
requirements for illumination of the radiocommunications facility are identified.
7.3.3 Where a proposed radiocommunications facility requires an equipment shelter:
a) The first preference is to locate such structures within a main or accessory building used for
other uses on the same lot;
b) A new,above-ground equipment shelter at the base of the structure or abutting the penthouse of a
building is the next preference of the LUA;and,
c) Any new equipment shelter shall require architectural treatments sensitive to the
surrounding landscape and public realm and in the case of a building,consistent with the
architectural style of the building.
7.3.4 Where a proposed radiocommunications facility requires screening and access restriction:
a) Existing vegetation shall be preserved wherever possible,with new plantings provided to
enhance the surrounding landscape and public realm;
b) Where fencing is proposed,design details including the materials proposed and
elevation drawings showing details and gate locations shall be provided in the drawings
uploaded with the application;
c) Fencing shall use materials sensitive to the surrounding landscape and public realm;and,
d) The use of razor wire requires analysis in the justification report,including how its use
will not compromise the surrounding landscape and public realm.
13
CRPN5-51NRC
The LUA shall provide a statement of concurrence or non-concurrence with the proposed facility,signed by
the Director of Planning.
7.5.1 If the LUA concurs with the proposed facility subject to conditions,the Statement of Concurrence
shall state any conditions to be satisfied by the proponent,and the Proponent shall be asked to
provide a Letter of Undertaking on their letterhead agreeing to satisfy the conditions.
7.5.2 If the LUA does not concur with proposed facility,then the Statement of Non-Concurrence shall
detail the reasons that the proposed facility is deemed unacceptable,and any remedies available to
the Proponent to satisfy the LUA and bring their proposal into an acceptable state.
7.5.3 In the case that non-concurrence is due to the Proponent not being prepared to satisfy the
conditions provided under a conditional Statement of Concurrence,then the LUA shall request that
Industry Canada not provide a license to the Proponent for the proposed site.
15
CRIN -aC C
Contact information for CRINS-SINRC,a representative of the proponent,the Director of
Planning Services or his or her designate,and a representative from Industry Canada;and,
Information on how to submit comments and the closing date for submission of written public
comments(which shall be not less than 30 days from the date of transmission of the
notification).
8.2 Notice Sign
a) The proponent shall erect,when required under this protocol,one notice sign along each lot line abutting
a public street or roadway.
b) Where a public meeting is required,the sign shall be posted at least 21 days before the public
information meeting. Where no public information meeting is required,the sign shall be posted for
three.weeks at any point during the consultation process.
c) All notice signs shall be erected on the lot so that it is clearly visible and legible from all public streets
or roadways abutting the subject lot. The signs shall be provided by CRINS-SINRC and conform to
the following format:
Caeadtan itadlacammunlwN,ns Sanies dleformedon et de nal fkviWn
Leformolion and Netlfiention Service en radfecomen.nica.ians canadinnial
;47
Public Notice
(Name of Proponent]
Hes eubm:ttedan cpp;-alion(a construct a
Radiocomm unications
Facility
[Civic Address]
For Further Information visit
www.crins-sinrc.ca
or call
'1-855-502-7467
Refer to
Case Number:
lxxxx--xxx-xxxxJ
17
CRINS-Sitt2C
8.4 Local Media Notice
Where a Notice in the local media is required under this protocol,CRINS-SINRC shall additionally place a
notice in the outlets identified by the LUA. Publication of this notice shall be synchronized with the
distribution of the public notification package. The notice shall be consistent with the following format:
CRINS-S4PC
Public Notice
in accordance with the Redrocammunicahans
Act and Industry Canada procedur i CPC-2-0.03
(2008),be whilst d that
[Name of Proponent]
has submitted ern application and notified[name
of LUA) of its intentions to develop a
Radiocommunications Site located at
[insert civic address],
[city/town/village and province).
For Further information on the above proposal
visit the GRIN$-SINRC website:
{[t //w w.crins-Si�,ca!
or call
1-$55.502-7467
Please reference the following Case Number
[XXXX-XXX-XXXXI
ANY PERSON may make a written submission
by[date)with respect to this matter addressed
to•
Canadian Radiocommunications Information
and Notification Service
501-1500 Bank Street.
Ottawa.Ontario
K1 H 7Z2
Fax-566-240-7025
•
Ema il;�, m�_�_ns; •: .___:
•— _
19
CRINS-s NV,
9.1 LUA Recommendations Report and Concurrence
The end result of a successful land use authority consultation process consists of two parts:
9.1.1 The first component is an LUA Recommendation Report.This report shall outline the recommendations of
the LUA with respect to the design of the proposed facility.This part of the Concurrence shall only be signed
by the Director of Planning once a Letter of Undertaking signed by the proponent is received by the LUA.
This Letter of Undertaking shall form a Schedule(s)to the final LUA Recommendations Report and shall
include the following requirements,if applicable:
a) Attestation that the proponent shall construct and operate the radiocommunications facility in
accordance with the drawings and justification report submitted;and
b) Any noted design requirements or considerations and other conditions to meet LUA expectations.
9.1.2 The second component is a Notice of Completion of Public Consultation,or a Notice of Facility Exemption.
This part of the Concurrence shall only be signed by the Executive Director of CRINS-SINRC and the LUA
Director of Planning,or his designate,once proponent has completed the consultation as set out in this
protocol.
9.1.3 A proposal which has received a Notice of Facility Exemption or Notice of Completion,and a LUA
Recommendations Report where the LUA has approved the site and the proponent have agreed to be bound
by the conditions of the approval(if applicable)shall be deemed to have received Municipal Concurrence.
9.1.4 The only valid Municipal Concurrence statement the LUA shall issue is one attached to the LUA
Recommendations Report and signed by the Director of Planning or his or her designate and sent directly to
Industry Canada,with a copy to CRINS-SINRC for publication and archive.
9.2 Circumstances of Municipal Non-concurrence
9.2.1 Where the LUA is not in concurrence with a proposal,the LUA will advise the proponent and Industry
Canada within the Industry Canada stipulated 120-day period of its non-concurrence with the proposal.
9.2.2 The LUA will request,for a radiocommunications facility not yet constructed,that Industry Canada not
issue radio license prior to the LUA issuing a Municipal Concurrence.
9.2.3 The LUA will request,for a radiocommunications facility constructed without a Municipal Concurrence,that
Industry Canada direct the proponent to consult with the LUA or use its own powers to remedy the situation.
21
4
CP1Nc°t#NR,
Municipal Concurrence
Means satisfaction by the LUA that the proponent has given adequate regard to this protocol in the siting and
design of a proposed radiocommunications facility,and satisfaction with the completeness of the public
consultation process undertaken by the proponent. Such satisfaction shall only be expressed through a statement
issued by the Director of Planning Services or his or her designate as part of the LUA Recommendations Report.
Proponent
Means a company,organization,or person which offers,provides,or operates a radiocommunications facility
for personal use or the general public.
Public Authority
Means the LUA,Government of Canada,Provincial Government,or a Conservation Authority.
Public Realm
Means,in an area of suburban or urban development,the appearance,form,and function of buildings,structures,
landscape,linkages,places,and activities occurring or planned on the subject lot and within the immediate vicinity,
regardless of ownership.
Radio License
Means the approval of sites to be used for radiocommunications facilities,issued only by Industry Canada.
Safety Code 6
Means Health Canada's Safety Code 6,"Limits of Human Exposure to Radiofrequency Electromagnetic Fields in
the Frequency Range from 3 kHz to 300 GHz,"2009.
Surrounding Landscape
Means,in a rural or undeveloped area,the geography of and appearance of the land and associated features
including buildings and vegetation.
Support Structure
Means a structure permanently affixed to the ground or onto an existing building or other existing structure used to
support one or more antenna systems or other platforms for the primary purpose of radiocommunications.
Radiocommunications Facility
Means the components,either individually or in combination, required to operate a wireless communications
network including cell sites,transmitters, receivers, antennae, and signaling and control equipment,and may
include an accessory equipment shelter and support structure.
23