Staff Report — Amendment to New Antenna Systems Policy (POL0007-PLAN)

Background

In August of 2008, Council established a policy with respect to new transmission towers. This policy was later modified when Industry Canada asked municipalities across Canada to elicit greater public input in the process surrounding the construction of new transmission towers, most notably cell towers. It is Council’s policy that persons seeking to erect a new antenna system submit their proposal to Council in a formal Public Hearing, where the public is duly notified.

Commentary

The City of Langford has had a request from CREST, the region’s emergency communications provider, to erect a telecommunications monopole at a site they are developing at Citygate off McCallum Road, north of Costco. This monopole will be similar to what was constructed in conjunction with the BC Ambulance Service building on Leigh Road.

Under Council’s policy, this new antenna system would require that Council conduct a Public Hearing at CREST’s expense.

Given CREST’s need for telecommunications, Council may wish to amend their Policy to exempt emergency services (including, but not limited to Police, Fire, Ambulance and CREST) from the Public Hearing requirement in Council’s Policy (POL0007-PLAN). Council may also wish to exempt municipal telecommunication antenna at the same time (the City has telecom relays from City Hall to the Fire Hall at the present time).

Financial Implications

None.

Legal Implications

CREST will still be required to obtain Federal approval for this telecommunications tower. The City is under no obligation to the Federal Government to review and conduct public hearings in regard to telecom installations.

Options

That Council:

1. Amend its policy with respect to New Antenna Systems (POL0007-PLAN) to exempt emergency services such as police, fire, ambulance, and CREST from the Public Hearing requirement.

2. Amend its policy with respect to New Antenna Systems (POL0007-PLAN) to exempt Municipal antenna from the Public Hearing requirement.

3. Take no action at this time with respect to the New Antenna Systems (POL0007-PLAN) policy.

Respectfully submitted,

Submitted by:
Matthew Baldwin, MCIP, RPP Director of Planning

Concurrence:
Chris Aubrey, Fire Chief
Concurrence:
Michael Dillabaugh, CPA, CA, Director of Finance
Concurrence:
Darren Kiedyk, Chief Administrative Officer
Concurrence:
Lorne Fletcher, Manager of Community Safety and Municipal Enforcement
Concurrence:
Michelle Mahovlich, P.Eng, P.Geo, Director of Engineering
Concurrence:
Yari Nielsen, Manager of Parks and Recreation
Concurrence:
Donna Petrie, Manager of Business Development and Events
Concurrence:
Adriana Proton, Manager of Legislative Services
Concurrence:
Leah Stohmann, MCIP, RPP, Deputy Director of Planning
Concurrence:
Marie Watmough, Acting Director of Corporate Services

:mgsb

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Policy Name: New Antenna Systems

☐ New ☒ Amendment
DEPARTMENT: Planning

SP Governance/Corporate Policy and Planning/Policies and Procedures

POLICY NO: POL-0007

Amended Policy

The purpose of this policy is to outline the notification procedures required when a stand-alone antenna system is proposed within 150 m of a residentially zoned property, a school site or as a standalone antenna system on lands designated as “City Centre” in the City of Langford’s Official Community Plan. Council policy on Antenna Systems (Policy No. POL-0007) requires that the applicant overseeing the installation of the antenna system schedule a public information session with Council in accordance with this policy, as follows:

1. If a stand-alone antenna system(s) is proposed within 150 metres of any residentially zoned property, school site, or on lands designated “City Centre” on Map 2 of the City of Langford Official Community Plan, the City requires that the proposal be the subject of a public information session in accordance with the following:

i. The applicant, or the property owner, shall pay a Public Hearing fee to the City of Langford;

ii. The public information session shall be held in Langford Council Chambers prior to a Regular Meeting of Council;

iii. The public information session must be attended by the property owner and the applicant so that they may answer to questions and concerns posed by the public;

iv. All notification should follow Industry Canada’s Default Public Consultation Process Public Notification Package (Appendix 1, below);

v. The applicant must provide to the City a written notification for mail out to all properties within 150 metres of the proposed antenna system 30 calendar days in advance of the public information session;

vi. The applicant must place public advertisements detailing the location and specifications of the proposed antenna system in a minimum of two (2) publications of a local newspaper between ten and three days prior to the public information session;

vii. The applicant must provide the City a template for a sign that the City will place on the subject property, in accordance with the municipal standards for a Public Hearing. The sign shall indicate the location and specifications of the proposed antenna system and be placed on the subject property no less than ten(10) days prior to the public information session;

viii. If in the opinion of Council that the matter has not been satisfactorily addressed at the scheduled public hearing, Council may require further public hearings all on the same terms as previously enumerated;

ix. All supporting documentation, including but not limited to reports and consultants, regarding the concerns regarding the antenna systems on all residents within 150 metres must be provided to the City and to all the residents notified 30 days prior to the public information session.

2. This policy does not apply to new antenna systems installed for emergency services (such as police, fire, ambulance, and CREST), nor antenna erected by or for the City of Langford as part of the municipal function.

Adopted by Council
Meeting Date: September ___, 2021
CERTIFIED CORRECT

Chief Administrative Officer Date:

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Appendix 1 – Industry Canada's Default Public Consultation Process – Public Notification Package

The proponent must ensure that at least 30 days are provided for public comment. Notification must provide all information on how to submit comments to the proponent in writing. Notices must be clearly marked, making reference to the proposed antenna system, so that it is not misinterpreted as junk mail. The notice must be sent by mail or be hand delivered. The face of the package must clearly indicate that the recipient is within the prescribed notification radius of the proposed antenna system. The proponent must also provide a copy of the notification package to the land-use authority and the local Industry Canada office at the same time as the package is provided to the public.

Notification must include, but need not be limited to:

1. 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;

2. The proposed location within the community, the geographic coordinates and the specific property or rooftop;

3. 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;

4. Identification of areas accessible to the general public and the access/demarcation measures to control public access;

5. Information on the environmental status of the project, including any requirements under the Canadian Environmental Assessment Act, 2012;

6. 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;

7. 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;

8. An attestation that the installation will respect good engineering practices including structural adequacy;

9. Reference to any applicable local land-use requirements such as local processes, protocols, etc.;

10. Notice that general information relating to antenna systems is available on Industry Canada's Spectrum Management and Telecommunications website (http://www.ic.gc.ca/towers);

11. Contact information for the proponent, land-use authorities and the local Industry Canada office; and

12. Closing date for submission of written public comments (not less than 30 days from receipt of notification).