COUNTY OF LAMBTON OFFICIAL PLAN UPDATE BACKGROUND REPORT NO.

Transcription

1 COUNTY OF LAMBTON OFFICIAL PLAN UPDATE BACKGROUND REPORT NO. 7 TELECOMMUNICATIONS Image Source: (Word Clip Art Stock Photos, 2011) Date: May, 2015

2 PLANNING AND DEVELOPMENT SERVICES DEPARTMENT 789 Broadway Street, Box 3000 Wyoming, ON N0N 1T0 Telephone: Toll-free: Fax: BACKGROUND In compliance with the Planning Act (RSO 1990 as amended), the County of Lambton Planning and Development Services Department is undertaking a review of the 1998 County Official Plan. This review is required at 5-year intervals to ensure Official Plans remain relevant to area demographics, land use changes and emerging topics in planning. Under the review, the County will also ensure the Official Plan is in accordance with provincial legislation including the Provincial Policy Statement (2014) and other documentation. Telecommunication, radio communication, and broadcasting services are an important aspect in any community given the demand and increasing use of mobile phones and related devices (Industry Canada, 2007). The Telecommunications Act (S.O. 1993, c. 38) defines telecommunication as "the emission, transmission, or reception of intelligence by any wire, cable, radio, optical, or any other electromagnetic system, or by any other similar technical system" provided by a service, facility or carrier. This service is dependent on the location of grounded units that support a physical structure responsible for the transmission of information. This topic becomes important with greater concern over the quality and preservation of the environment, health and land use considerations. The Canadian Environmental Assessment Act (S.O. 1992, c. 37) helps mandate identification and prevention of potential impacts and effects to the environment. This act also specifically grants the federal government to use their legislative power in protecting and preserving environmental resources. Official Plans are important in regards to serving the needs of the telecommunication industry, while also respecting the local community and preservation of valuable resources. Therefore, it is important to set policies that hinder incompatible uses by locating telecommunications in areas where they will serve the needs of the public, but not be destructive or interfere with the community. Industry Canada recognizes the importance of telecommunications, and the role local municipalities have in regards to ensuring a suitable location in the surrounding community. For this reason, Industry Canada has granted municipalities the right to set Page 2 of 10

3 regulations in regards to telecommunications standards. With this order, the local government shall also be included in the consultation process between the proponent, carrier, and Industry Canada (who may require additional steps in the development process). It should be noted that the Federal Government still has final legislature over the location and servicing of these structures as in accordance with the Radiocommunication Act (R.S.O. 1985, c. R-2) and the Telecommunications Act (S.O. 1993, c. 38). RELATION TO PROVINCIAL POLICY STATEMENT (2014) The Provincial Policy Statement identifies telecommunication/communication towers under a general infrastructure category, meaning "physical structures (facilities and corridors) that form the foundation for development", and includes such infrastructure as waste management systems, electric power generation and transmission and transportation corridors, etc. The Provincial Policy Statement includes few specific references to telecommunications (1.7.1) but as they are considered to be infrastructure as defined by the PPS, the related policies will apply. These policies were put in place to ensure compatibility between uses, and to limit the overuse of land and valuable resources. Provincial policy includes the following regulations with regards to the placing and operation of the proposed infrastructure and protection of surrounding land uses and services Infrastructure, electricity generation facilities and transmission and distribution systems, and public service facilities shall be provided in a coordinated, efficient and cost-effective manner that considers impacts from climate change while accommodating projected needs. Planning for infrastructure, electricity generation facilities and transmission and distribution systems, and public service facilities shall be coordinated and integrated with land use planning so that they are: a) financially viable over their life cycle, which may be demonstrated through asset management planning; and b) available to meet current and projected needs. Page 3 of 10

4 1.6.2 Planning authorities should promote green infrastructure to complement infrastructure Before consideration is given to developing new infrastructure and public service facilities: a) the use of existing infrastructure and public service facilities should be optimized; and b) opportunities for adaptive re-use should be considered, wherever feasible Infrastructure and public service facilities should be strategically located to support the effective and efficient delivery of emergency management services Public service facilities should be co-located in community hubs, where appropriate, to promote cost-effectiveness and facilitate service integration, access to transit and active transportation 4.11 In addition to land use approvals under the Planning Act, infrastructure may also require approval under other legislation and regulations. An environmental assessment process may be applied to new infrastructure and modifications to existing infrastructure under applicable legislation. There may be circumstances where land use approvals under the Planning Act may be integrated with approvals under other legislation, for example, integrating the planning processes and approvals under the Environmental Assessment Act and the Planning Act, provided the intent and requirements of both Acts are met. In regards to Industry Canada granting local level authority for telecommunication matters, Section 15 of the Planning Act references upper-tier and lower-tier authority. The Planning Act grants upper-tier governments (i.e. the County) with authority to set policies and assist with planning decisions through guidance and/or direction of matters in lower-tier municipalities. 15. The council of an upper-tier municipality, on such conditions as may be agreed upon with the council of a lower-tier municipality, may, a) assume authority, responsibility, duty or function of a planning nature that the lower-tier municipality has under this or any other Act; or b) provide advice and assistance to the lower-tier municipality in respect of planning matters generally. Page 4 of 10

5 CURRENT COUNTY OF LAMBTON OFFICIAL PLAN Section 7.7 of the current County Official Plan, Utility Corridors: Electricity/Pipelines and Communications, sets out policies to facilitate the terms, location and servicing of infrastructure, including telecommunications and any associated structures and/or facilities. Current policies are in accordance with Provincial guidelines, and also outline details regarding location, impact on surrounding uses, importance of cultural and natural environment areas, built environment, and the preservation of existing services and infrastructure. OP 7.7 Protected Preserved Goal: "to facilitate the provision of services that are important to the Lambton County economy, while ensuring that agricultural and natural heritage areas are protected and preserved and settlement areas are not adversely affected or put at risk by the proximity of utility corridors" The following are general provisions that apply to utility corridors (Section 7.7): Routes are to follow existing rights-of-way, properties and easements or fence lines; Routes will not infringe on environmentally significant areas, natural heritage areas, or cause further forest fragmentation; Routes will not impact woodlots and agricultural lands; where woodlots are unavoidable, the proponent will replace twice the affected area; Routes are to be located where they generally mitigate impacts to soil, lands and landscapes, agriculture, and existing property features; Access and maintenance points are to be located in areas of least impact, and be reflective of environmental conditions and surrounding aesthetics; Routes requiring severance or easements will not result in farm fragmentation; The utility company will take responsibility for maintenance and decommissioning of utility facilities and corridors. Page 5 of 10

6 PROPOSED POLICY CHANGES TO THE OFFICIAL PLAN In updating the Official Plan, the County can use its authority, as granted by Industry Canada, to regulate and set standards for the location and servicing of telecommunications. The County will work in conjunction with local municipalities to implement appropriate standards and regulations. Policies currently in the Official Plan (geared towards general infrastructure and public service facilities) can be expanded to cover issues related to telecommunication services, and towers specifically. These policies will limit the development of structures that may pose negative impacts on human and natural environments, and maintain the integrity of surrounding areas. The County has investigated other municipal policies and official plan policies that deal with telecommunications, and is of the opinion that the following represent sound planning theory and should be included in the updated Plan. These policies should be implemented as standardized regulations and/or requirements when new telecommunication developments are proposed. The following comprise general telecommunication requirements, suggestions, guidelines, and protocol for consultation processes in regards to telecommunication towers, structures, and/or accessory uses. Telecommunication Requirements: New towers are to be directed to industrial and agricultural zones, and should avoid residential zones; - If telecommunications must be located in proximity to residential zones the service provider and proponent must notify those involved (within a 300m. radius of the subject lands, or 6 times the height of the tower, whichever is greater) and undertake public consultation; Towers are discouraged from natural, cultural or historic areas, significant areas/lands, and areas of environmental sensitivity and/or importance; - All significant environmental features should be inventoried before development; - If tree removal is considered the applicant must comply with the provisions of the County of Lambton Woodlands Conservation By-Law; Ground facilities associated with towers are encouraged to be screened and/or buffered to the County's satisfaction; - Where appropriate, proponents must enhance the site through means of vegetated buffers and general site improvements; Page 6 of 10

7 To avoid farm fragmentation, easements and/or leases are the preferred method of land tenure; The Health Canada Radiation Protection Bureau has set radiofrequency exposure limits to between 3KHz and 300GHz (Health Canada, Safety Code 6); this being applicable to all telecommunications; Upon deactivation or lack of use for a period of at least 6 months, the carrier/proponent must remove the tower and associated equipment at their own expense. Telecommunication Restrictions: Towers should be no closer than 250 metres to residential zones and/or dwellings; Towers should be at a maximum height of 50 metres; Towers are to be separated by no less than 2,000 metres from other towers in an attempt to encourage co-location of facilities and towers; Towers will house only telecommunication units and related facilities; Monopods/monopoles are preferred to lattice and/or guyed towers; In accordance with the Ontario Building Code, a building permit is required for towers above 16.6 metres, accessory buildings greater than 10 square metres gross floor area, and towers mounted on and/or attached to existing buildings; Zoning standards will apply to towers, accessory equipment, shelters, and other tower-related equipment (i.e. land use restrictions, setback, maximum area/building footage, landscape etc.); All proponents should adhere to County and municipal by-laws, and the County Telecommunication Towers Policy. Note: Exceptions to the policy being: tower maintenance; tower addition and/or modification to a maximum of 25% of the original tower height; and/or towers for onetime events or emergencies. The County may set additional criteria related to telecommunications including but not limited to: land use compatibility and location; design and aesthetics; built and natural environment preservation; financial issues or objectives; political and/or legislative changes and modifications, etc. Additional Suggestions/Guidelines: Co-location on existing towers is encouraged so long as this does not interfere with the primary purpose of the existing unit/service; Page 7 of 10

8 - Proponents are encouraged to locate telecommunication facilities on existing poles, public and municipal buildings and/or structures, and private buildings and/or structures where granted, etc.; - Employ methods to mitigate/camouflage towers and structures with surroundings; Towers and accessory uses will be developed so visual impact is minimized and blended into the surroundings through the use of landscaping, buffering, and/or design; Image Source: (Mesa, Arizona, 1997) Telecommunication Protocol: The municipality/county must be consulted during the review process along with Industry Canada, the service provider, and the property owner; When required, the proponent must enter into a Site Plan Agreement (or equivalent) between the municipality/county, telecommunication carrier, Industry Canada and the property owner; - The applicant must submit a complete package containing all required documentation; - As a part of the site plan/development agreement, the proponent must attend a pre-consultation meeting with the municipality and County planning staff to discuss the tower and all related concerns; - Additional site plan meetings will be required to address related issues if applicable; - The County may also make comments and suggest modifications based on the public consultation, information and opinions of all parties involved where appropriate; Public Consultation: The proponent must hold a public consultation for proposed towers. The municipality/county will assist in the preparation of public meetings and/or open houses by guiding the proponent in regards to the following: - Format for notices and advertising of public meetings/open houses; - Mailing of information and required documentation for public notice; - Provide direction regarding an appropriate location and protocol for open houses and information sessions; - Provide the proponent a mailing list of parties to be notified; - Assist in preparation of documentation required for public information; Page 8 of 10

9 Note: Structures below 16.6 metres, or structures above 16.6 metres that are not within 300 metres of residential zones or dwellings, or where towers located on existing buildings that do not exceed 25% of the building height, or 16.6 metres above ground level, do not require public consultation, but are still subject to a review. The proponent will be responsible for all costs associated with the location, preparation, and administration of all public meetings/open houses/information sessions. A letter of undertaking and agreement must be completed for each proposed development and/or modification. The above policy modifications can be added to the County of Lambton Official Plan, but Industry Canada still has the final authority over telecommunication towers and facilities under the Radiocommunication Act R.S.O. 1985, c. R-2. SUMMARY It is recommended that Section 7.7 of the County Official Plan be updated to include clear policies that apply to utility corridors, namely telecommunication towers. In implementing new Official Plan policies, proponents must adhere to these guidelines, and to provincial policy guidelines. The proponent is to review other planning legislation related to telecommunications including zoning by-laws and County telecommunication tower policies. Towers are encouraged to be co-located with existing structures, buildings, or towers and be discouraged from natural, cultural or historic areas, significant areas, and areas of environmental sensitivity. All regulations are subject to final approval by the Federal Government in accordance with the Radiocommunication Act (R.S.O. 1985, c. R-2). For more information on this report, or the County of Lambton Official Plan Update, please contact the Planning and Development Services Department: 789 Broadway Street, Box 3000 Wyoming, ON N0N 1T0 Telephone: Toll-free: Fax: planning@county-lambton.on.ca or visit the Official Plan Update Website at: Page 9 of 10

10 Sources: Department of Justice Canada (1985). Radiocommunication Act R.S.O., 1985, c R-2. Ottawa: Minister of Justice. Department of Justice Canada (1985). Telecommunications Act S.O. 1993, c. 38. Ottawa: Minister of Justice. Industry Canada (2007). Radiocommunication and Broadcasting Antenna Systems. Ottawa: Spectrum Management and Telecommunications. Mesa, Arizona (1997). Commercial Communications Towers Guidelines Resolution No Retrieved from: Page 10 of 10