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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