Report to: Development Services Committee Report Date: June 23, 2009

SUBJECT: Update to Policy for Establishing Telecommunication Towers

PREPARED BY: Jamie Bosomworth, Manager of Strategy and Innovation

RECOMMENDATION:

1) That the June 23, 2009 report entitled “Update to Policy for Establishing Telecommunication Towers” be received;

2) And that the Policy entitled “Policy for Establishing Telecommunication Towers, Dated June 2009” attached as Attachment “A” be adopted;

3) And that the consultation process for Telecommunication Towers be in accordance with the Town’s Site Plan process as outlined in this Policy;

4) And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

1. Purpose 2. Background 3. Discussion 4. Financial

5. Others (HR, Strategic, Affected Units) 6. Attachment(s)

PURPOSE:

The purpose of this report is to update the existing policy on Establishing Telecommunication Antenna Sites, dated, June 2002, and to include provisions for considering these facilities on Town owned property, subject to the consultation process outlined in this policy.

BACKGROUND:

Radiocommunications and broadcasting services (e.g. personal communications services and cellular, fixed wireless, broadcasting, etc.) have become an important component of the way business, and society in general, operates today. These services are used daily by the public, safety and security organizations, government, wireless service providers, broadcasters, utilities and businesses; from cell phones and pagers to instant text and photo messaging, e-mail messages and connection to the web. For these services to work, systems including masts, towers, antennae and other supporting structures are required. There is a certain amount of flexibility in the placement of Telecommunication Towers constrained to some degree by: the need to achieve acceptable coverage for the service area; the availability of sites, technical limitations and safety. Accordingly, municipalities are experiencing an increasing demand to accommodate Telecommunication Towers and are balancing the location and design requirements of proponents with the desire to minimize the impact on the community and local surroundings.

The approval authority for Telecommunication Towers is with Industry Canada under the federal Radiocommunication Act. Their most recent release of a “Client Procedures Circular” was June 2007, which came into effect on January 1, 2008 (“CPC-2-0-03”). CPC 2-0-03 outlines the process that must be followed by proponents seeking to install or modify a Telecommunication Tower, where a Land Use Authority (“LUA”) does not have a consultation protocol. Although Industry Canada has provided a Default Public Consultation Process in CPC 2-0-03, they encourage the establishment of policies by LUA’s recognizing they are best positioned to contribute to optimum siting of facilities to meet their own community needs. The Town of Markham established its own policy in June 2002 and due to Industry Canada’s update and changing technology, Staff are proposing to update the Town’s policy at this time. The purpose of this policy is to provide guidance to the Town, proponents, and the general public in considering proposals to locate Telecommunication Towers within the Town of Markham.

It is intended that by outlining the procedures to be followed for Telecommunication Tower proposals, a framework for identifying and resolving any land use conflicts at an early stage in the process will be established. The review process for a Telecommunication Tower will be in general accordance with the Town’s site plan process, as outlined in this policy. It is acknowledged that while the policy requires proponents to follow the Town’s usual site plan process they are not subject to Site Plan approval in accordance with the Planning Act. Final approval of Telecommunication Towers rests with Industry Canada.

The Town continues to receive inquiries from telecommunication providers to have these facilities potentially located on Town owned lands. Service providers have typically inquired about potential locations on parks or open space. To date, the Town has not established a policy framework or practice to permit the use of telecommunication facilities on public lands. Up to now, proponents have been locating their facilities on privately owned sites, typically under a multi year lease arrangement. As telecommunication companies are moving toward designing facilities that are more innovative, discreet and in harmony with the surrounding environment, it may be time for the Town to consider these facilities at appropriate locations on Town owned lands. It is anticipated that Proponents will continue to pursue innovative technology that will reduce the visual impact on the community.

OPTIONS/ DISCUSSION:

Cellular Network

With the continued demand for cellular service across our area, the number of cell tower sites will increase. Each antenna has a limitation on number of calls they can handle and as new calls come in when an antenna is full, the call is bounced to the next cell site. If that site is too far away or is full, the call dies. With the increase in demand, more antennas are now installed to service the capacity needs and therefore can be shorter but more numerous.

Antennas can be installed on self supporting structures such as; street poles, monopoles, tri-poles, etc. and on existing structures such as roof tops, billboard signs, water towers, etc. The telecommunication industry has come a long way in reducing the visual impact of these structures and now camouflage them to look like flag poles or trees, or locate them in church towers, or paint them the same colour as roofs, etc. In addition to the antennas, the current system requirements still include a mechanical/electrical unit to operate each antenna system. These units are typically placed on the ground beside free standing towers/poles, in mechanical rooms within buildings, camouflaged in specially designed buildings and/or screened appropriately with heavy landscaping.

Each proponent is expected to consider co-location (sharing of telecommunication facility sites by two or more proponents) of new antennas on any existing structures when planning a new facility. Co-location of antennas helps minimize the need for numerous telecommunication facilities, but due to the amount of equipment each proponent requires for each of their antennas, the structures can become quite large and can generate a negative visual impact. Installing large diameter towers that would support co-located facilities within sensitive areas such as residential zones may not be acceptable to the community. An option may include smaller diameter single user poles with less visual impact but would require more frequent pole locations. The appropriateness of permitting co-located poles would be reviewed by Staff during the application review process

Industry Canada’s Protocol

As Industry Canada is the approval authority for Telecommunication Towers they require the proponents to consult with the “Land-Use Authority” (LUA). Industry Canada released new antenna siting and approval procedures effective January 1, 2008 identified as (CPC-2-0-03). This new protocol is more detailed than their previous protocol and better aligns with our existing policy. Staff are proposing to modify our existing policy to include some of Industry Canada’s policies. All proponents are required to abide by Health Canada “Safety Code 6” and Transport Canada Guidelines.

Possible Use of Town Owned Property for Telecommunication Towers

There are currently three major service providers in the GTA market: Bell, Telus, and Rogers. They have advised they will each typically seek 2 new sites per year in Markham. Further, the recent deregulation of the telecommunications industry has introduced a number of new service providers into the market, each of which will also potentially be seeking telecommunication sites in Markham. With the demand for new Telecommunication Towers, and with the Town being the largest property owner in the municipality, Staff are proposing the consideration of Telecommunication Towers on Town owned property by entering into a 10 year licence agreement with a 10 year option to renew (10 years is the minimum time required to amortize the cost of the tower according to the proponents). By accommodating these facilities on Town owned property, the Town will position itself to identify appropriate locations, and to secure a significant annual non-assessment based revenue stream. Typical ground based sites command rents in the range of $12,000 - $15,000 annually to the property owner. Rents can be higher on rooftops or existing facilities due to lower infrastructure investment. Where there is a co-location, the licence agreement typically permits the property owner to share in the additional revenue (in the order of $10,000 to $12,000 per additional user, depending on location and height of the tower).

Telecommunication Towers could be located on Town facilities such as; Town buildings, ball field light standards, flag poles, bell/clock towers and other innovative structures on town property. Any proposal on Town owned property would require a site plan application and would follow the same rigorous review process as those that are on private property. This includes the same criteria for public consultation including exemptions. As with private property installations, any tower requiring public consultation process requires Development Services Committee approval.

Proposed Changes to Town’s Policy

Having considered the new protocol from Industry Canada and the proposal to permit Telecommunication Towers on Town owned property, Staff are proposing the following changes from the 2002 policy. These changes are included in the updated policy attached as Attachment “A”:

• Revise the objective and site selection sections to allow for the consideration of Telecommunication Towers on Town owned property;
• Revise the height exemption for Public Consultation from 16.5 metres to 15.0 metres;
• Reduce consultation requirements with abutting municipalities from 500 metres to 3 times the height of the tower or 120 metres, whichever is greater;
• All proposals on Town owned property are subject to municipal review and the proponent must enter into a licence agreement with the municipality acceptable to the Town Solicitor.

Consultation with Industry Representatives and Development Services Committee

Staff presented to Development Services Committee on April 7, 2009 to outline the changes to the policy and to seek direction on whether to pursue considering Telecommunication Towers on Town owned property. Committee received the presentation with little discussion.

Staff also met with Industry representatives including Industry Canada and they generally were acceptable to the changes Staff were proposing with some minor revisions which have been incorporated into the new policy. The following two issues were requested to be changed by the Industry representatives but Staff are not recommending these changes:

1. The Industry representatives have indicated that Industry Canada protocol exempts Telecommunication Towers that are shorter then 15.0 metres from municipal review. Our existing protocol requires them to apply for a site plan application, requiring municipal review for towers that are less than 16.5 metres but they are exempt from public consultation. Staff recommend we continue with this practice of receiving site plan applications but lower the tower height limit from 16.5 metres to Industry Canada standard of 15.0 metres and continue exempting these applications from consultation.

2. Our current notification captures all properties within a radius of 120 metres or three times the height of the tower measured from the tower base, whichever is greater. The proponents wish to eliminate the 120 metre radius option and just use 3 times the height of the tower. They claim this is an incentive to keep the tower height lower within residential zones. Staff recommend we continue with the 120 metre radius as it is the same notification radius we use for most planning applications.

FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)

There is potential for the Town to receive annual licence revenues for all Telecommunication Towers located on Town owned property. This was identified as an E3 revenue enhancement initiative in 2008.

HUMAN RESOURCES CONSIDERATIONS

Not Applicable

ALIGNMENT WITH STRATEGIC PRIORITIES:

Infrastructure and service to the public.

BUSINESS UNITS CONSULTED AND AFFECTED:

Legal Department has been consulted with regards to identifying Town owned property, and would be involved in negotiating, preparing and approving Licence Agreements with proponents receiving Town permission to locate facilities on Town owned property.

RECOMMENDED BY:

________________________ ________________________

Biju Karuumanchery, MCIP, RPP Jim Baird, MCIP, RPP

Senior Development Manager Commissioner of Development Services

ATTACHMENTS:

Attachment “A”: Policy for Establishing Telecommunication Towers, June 2009

Q:\Development\Planning\Telecommunications\Report Spring 2009.doc