Edmonton (Alta.) - 1997-Unknown - Highlights from Edmonton's land use bylaw (1998-11)

November 1998

HIGWireeesCommunications Towers SIA

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Cooperative Approach to aNew Municipal Policy

From Edmonton's Land Use Bylaw GENERAL PURPOSE To design a consultation and

communication process which

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l " will ensure that local community conicerns are heard when a telecommunications'. carrier determines the needfor

services and facilities in an area, which can only be ;'

addressed by construction of a tower to support these facilities.

A Ithough

a minor Land Use Bylaw

famendment was approved as a part of this project, the key element is a new City Policy which was largely developed through the

DEFINITIONS

Telecommunications Carrier m eans a company which provides Sfacilities and services for cellular telephone and/or personal communications serwces transmissions .

efforts of a committee of City Council. This committee, called the Telecommunication Towers Committee (or TTC) developed a public' consultation protocol for the placement of wireless communications towers, with the participation of the telecommunications industry and its regulators, City politicians and staff, and structured its approval as a City

Protocol

Policy. -

Telecommunications Carrier

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* means'a standard methodology to be employed in specific. circumstances Co-location * means the placement of telephohe or personal communication services equipment owned and operated by more than one carrier on the same tower or supporting structure. Co-location can also mean the placement of more than Sone tower on a site

PLA N N I NG

A N D

BACKGROUND

these towers have been located near existing residential areas. Concerns were also raised as to whether there could be any health risk that could 'be associated with constant or long term proximityto these facilities.

In the Edmonton context, the issue of tower regulation came to a head in early 1997, when one of the four carriers active in the Edmonton area sought local permission to construct a tower in the WolfaWllow area. At that time, the Land Use Bylaw only required a minor Development Permit under certain limited conditions. The legal interpretation has been that the federal government had jurisdiction over tower licensing.

No one will contest the benefits to modem society that have been generated by the advent of affordable cellular telephone technology Nevertheless, the exponential. growth of the wireless communications industry overthe past several years has not been without its difficulties. The issue thai has been arguably of the greatest significance to local municipalities across the United States and Canada has been the visual impact of the towers that are sometimes required to support the transmission equipment, particularly when

When residents ,in the Wolf Willow area saw this tower being erected on'a lochtlcominecial site, concerns were immediately raised over the lack of consultation.

The Planning and Development Department cjuickly responded by.drafting a protoco fat required carriers intent on buitiinrg ,a telecommunications tower, witfinzatwrtain distance of residential activities.tokcoitat Continued on other side...

D E VELO PMENT .* DE PA RT'M'EN.T

property owners within six times the tower height of the proposed tower location, invite them to a publicmeeting to discuss concerns,

Park Park

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and provide a transcript back to the Department, which would then' make a8 recommendation to Industry Canada on whether to support license issuance.

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:

85' Tower height

CSc11ool

A*.

510 (six times

h..

1 .

1

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510' e(six times towerheight).

This protocol was .approved as a City Policy

by City Council on July 15, 1997. Over time,

SCommercial

it became apparent that additional work was

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site

needed to fine tune the policy. As a result, the TTC was formed, and met several times during

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1998. A revised policy was presented to and approved by Council on July 7, 1998. The

* Distance measured from tower location, not from site boundaries

revised policy incorporated a preconsultation phase to address issues such as potential colocation. Once a preferred site is identified in the preconsultation phase, then a public iiput . . process is initiated.

*All property owners within the circle are notified

Department with the appropriate number . of letters to advise these owners of the proposal, and of the time and place of a meeting to discuss the proposal. The Department is responsible for the actual mailing of:the letters..

The'carrier(s) conduct. the meeting, take an attendance log,. take.minutes of the meeting, and provide this information to the Department. The carrier(s) must also

Although these actions by the City cannot Sadldress the Wolf Willow situation to the residents' satisfacti6in, these 'actions have created a policy framework for effective consultation between all parties, to ensure that, if a tower is required near a residential area, . all local concerns are adequately examined prior to issuanceof a federal license,

REVISED CITY POLICY The revised City policy was developed by the civic Administration in consultation with the four telecommunication carriers active in the Edmonton market (Telus, Rogers Cantel, Microcell Connexions.and Clearnet), Industry Canada and City Councillors.

KEY THRUSTS OF THE REVISED CITY POLICY

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.oi.The

prelirhinary discussions with.the'local, comutyleague executive, councillors ,j h:.and.planning staff to determine the most suitable site locptiqn within the area.-

* .Qhce,a preferred site has been identified, the carrier(s) would then meet with the Department, •9nin.P 1 ,DeveQpment wiic woulo..diermine the contact list ' of owYpers of property within six times the .

S

proposed t6wer height.

eg . e ei

S The carrier(s) would provide the

-P-L ANNTNI

G

AND.

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*

A tower mounted on any building over six storeys (23m); A t6wer mounted on aiy building in Downtown Edmonton; Any freestanding tower of 15m or less; or.

Any freestanding tower of more than 15m with no existing lowv density housing within six times the proposed tower height from the location of the base of the tower.

Planning and Development Department staff are available if you wish to discuss your Development or Building Permit, or. land use policies.

Please contact: Planning and Development Department

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issuance of a license by Industry Canada.

No Development Permit is required by the

*

Industry Canada then makes the ultimate. determination regarding license issuance,

Edmonton, Alberta T5J 3P4

as the authority empowered under the

"Development Compliance Branch•

. As a carrierdetermines service demand ,

*

indicate in a written submission the concerns raised at the meeting and how.,the carrier(s) will address these concemrns.

The Department reviews this material and provides a statement to Industry Canada asto whether, in the opinioni of the City, the applicant has conducted a satisfactory consultation process, and whether the City supports or does not support the

City for the construction of these facilities

Min an area, thEcarrieris required to advise the other carriers, to determine if cofeasible. area is feasible. ~t~ainwithin-that withinthatarea o'cation conduct would isthen c'arrier(s)

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2nd Floor, 10250 - 101 Street

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Telephone: (403) 496-3100

federal Radiocommunications Act.'

OR O Planning and Policy Services Branch Telephone: (403) 496-6238

CONSULTATION IS NOT -REQUIRED FOR... *

*.

A tower mounted .on any building of up to six storeys (23m) where the tower is ' 25% or less of the building height; MYOF

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PLANNING AND DEVELOPMENT .

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1998. All rights reserved. While expected to be accurate. the City of Edmonton does not warranty the quality, accuracy or completeness of this informtation or its use for any purpose.

D EVE L.O PME

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After Jan. 25, 1999 area code (403) becomes area code (780) becomes area code (780)

Office Hours: 8:00 a.m. to 4:30 p.m. .This and other High Lights from Edmonton's Land Use Bylaw also appear on the City of Edmonton's Home Page located at: www.gov.edmonton.ab.ca/planning

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