Report to: General Committee                                                 Report Date: December 8, 2008

 

 

 

SUBJECT:                          Telecommunication Facilities on Town Owned Property

PREPARED BY:               Jamie Bosomworth, Manager of Strategy and Innovation

                                            David Pearce, Manager of Real Property

 

 

 

RECOMMENDATION:

That the Report titled “Telecommunication Facilities on Town Owned Property” dated January 12, 2009 be received;

 

That Staff report back to Development Services Committee updating the existing Policy for Establishing Telecommunication Tower/Antenna Facilities to include guidelines for considering these facilities on Town Owned Property;

 

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 (Strategic, Affected Units)       6. Attachment(s)

 

 

PURPOSE:

The purpose of this report is to provide some background information on the opportunity for telecommunication facilities on Town owned property, and to discuss the next steps in establishing guidelines for considering these facilities on Town owned properties.

 

BACKGROUND:

Existing Town Policy for Establishing Telecommunication Tower/Antenna Facilities in the Town of Markham

Consumer demand for cellular phones, paging devices, and other wireless telecommunication services is rapidly increasing. The fast-paced wireless communications industry has presented local governments with the challenge of guiding the industry’s antennae and support structures to appropriate locations.  Telecommunication facilities are federally regulated by Industry Canada which requires proponents to consult with land use authorities prior to erection of any facility.   Municipal zoning by-laws are not applicable and only in some cases are building permits required e.g. construction on a roof, etc.  The service providers and Industry Canada have been cooperative in allowing for municipal policies and procedures to be established to guide proper locations and conditions of approval. 

 

In 2002 the Town established a policy framework and processes for reviewing, commenting on and generally providing guidance to proponents and the general public in respect to proposals to erect telecommunication facilities (Attachment “A”).  The main objective of the policy is to encourage proponents to use existing structures or towers wherever possible and to balance the need for a high caliber wireless network in the Town with the desire to preserve the natural and cultural landscape, and to minimize community impacts.    This policy has worked well for Markham since it’s inception in guiding staff, Council the proponent and the general public.   The following chart provides a summary of the types of facilities and the appropriate approval authority established in the existing policy:

 

Type of Infrastructure

Approval Authority

None ¹

Staff ²

DSC ³

Co-location on existing structures

X

 

 

Replacement/Modification of existing towers as long as proposed height does not exceed original height by more then 10% and tower replacement remains within development envelope/leased area

X

 

 

Facilities located on any building where the tower height does not exceed 25% of the height of the building or 16.6 metres above grade, whichever is the greater, and a municipal building permit is not required

X

 

 

Ground supported towers less than 16.6 metres above ground

 

X

 

Replacement of or modifications to existing ground supported towers where the proposed height does not exceed the existing height by more than 25%

 

X

 

Rooftop facilities not exceeding 25% the height of the building or facilities exceeding 16.5 metres above grade

 

X

 

Facilities located on any building where the tower height does not exceed 25% of the height of the building or 16.6 metres above grade, whichever is the greater

 

X

 

Ground supported towers greater then 16.6 metres above ground within an industrial and commercial zone, where the tower base is located a minimum of 120 metres or a distance of 3 times the height of the proposed tower, whichever is greater, to residential

 

X

 

Ground supported towers greater then 16.6 metres above ground within any zone, where the tower base is located a minimum of 120 metres or a distance of 3 times the height of the proposed tower, whichever is less, to residential

 

 

X

Rooftop facilities exceeding 25% the height of the building or facilities exceeding 16.5 metres above grade

 

 

X

 

 

Notes:

1)       Where no approval is required, the proponent is exempt from municipal review and is not required to apply for site plan application

2)       Where staff approval is permitted the applicant is required to apply for an application but is not required to consult

3)       Where Development Services Committee approval is required, the applicant is required to apply for an application and is required to consult with the public as identified in Town policy

 

Service providers are interested in potentially locating on Town owned lands

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 (3 inquiries so far in 2008).  To date, the Town has not established a policy framework or practice to permit the use of public lands, and telecom providers 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 start considering these facilities at appropriate locations on  Town owned lands.  

 

There are currently three major service providers in the GTA market: Bell, Telus, and Rogers. These three major companies advise that they will each typically seek 2 new sites per year in Markham (to a total of 6 new locations per year).  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 telecom sites in Markham.  By working with and accommodating these facilities on Town owned sites, the Town will position itself to identify appropriate locations, and to secure a significant annual non-assessment based revenue stream.  Typical sites command revenues in the range of $10,000 - $15,000 annually to the landlord.

 

OPTIONS/ DISCUSSION:

Consider revising existing Policy to establish a process for considering telecommunication Facilities on Town Owned Properties

To move forward with this opportunity, the existing telecommunication policy needs to be revisited to consider which Town owned properties may be suitable for siting a telecommunication facility (e.g. parks , open space, works yard, building roof tops, road allowances, etc…) and under what arrangements and design criteria.   The revised policy will also address process steps and design guidelines associated with facilities specific to each property type and approval authority (e.g. staff approval versus Council approval depending on type and location of proposed facility).  Staff will report back with a draft policy framework.

 

Once a policy framework has been established and endorsed by Council, staff would be in a position to meet with service providers to discuss their specific needs in relation to our land inventory and policies.     The location requirements for telecom facilities can be very precise and very site specific to the needs of each service provider.   To that end, detailed discussion with the service providers will be required in future to determine the number of sites required and the potential match with Town sites and policy criteria. 

 

FINANCIAL TEMPLATE

It is expected that each facility can provide revenue of between $10,000 and $15,000 annually (plus annual rent indexation). It is forecast that between 4-8 facilities may be secured per year.   This financial opportunity has been identified as an E3 program revenue initiative, with approximately $70,000 forecast in 2009. 

 

DEPARTMENTS CONSULTED AND AFFECTED:

The Development Services Commission and the Legal Department (Real Property) have jointly prepared this report.   Departments within the Community Services Commission that manage Town owned properties have also been consulted.   The proposal has been presented to the E3 Steering Committee of Council, and was well received.  Town staff support the proposal in principle, subject to identifying appropriate locations, design criteria and process requirements.  No actions will be taken without Council approval of a policy framework and process requirements.

 

 

 

 

 

 

 

RECOMMENDED

                            BY:    ________________________          ________________________

                                      Jim Baird, MCIP, RPP                       Catherine Conrad

                                      Commissioner, Development               Town Solicitor

                                      Services

 

ATTACHMENTS:

Attachment “A”          Existing Policy for Establishing Telecommunication Tower/Antenna Facilities

Q:\Development\Planning\Telecommunications\General Committee Report December 2008.doc