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Telecommunication Structures Procedure Policy
Policy Title:
Telecommunication
Structures
Procedure Policy
Policy Number:
2024-04
Effective
Date:
November 2024
Replaces:
Antenna
Systems Policy
Prepared By:
Planning
Department
Approved By:
Council
Policy Statement:
1.
This policy implements the Township of Cavan Monaghan's Telecommunication
Structures Procedure Policy. The purpose of this policy is to provide a
procedural framework to guide proponents and the Township for the siting and
design of telecommunication structures in a manner that is meant to adhere to
federal and local land use requirements and provide opportunity for the public
to provide feedback. This procedure applies to all:
Township Staff, elected officials, and committees that support or are
involved in the facilitation of any process regarding telecommunication
structures;
Proponents proposing to install a telecommunication structure as defined
within this policy;
Existing and new support structures within the Township; and,
Lands for which the Township is the land use authority.
2.
Consultation must respect the Federal Government's exclusive jurisdiction over
radiocommunication and broadcasting but does not give a municipality the right
to prevent any Antenna System proposal.
3.
The Township, in its capacity as the local land use authority, has the authority
to state preferences for the siting, site design, and size of telecommunication
structures.
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Definitions:
"Co-location" shall mean an installation of a telecommunication structure used by two
or more proponents or the installation of multiple telecommunication structures on a
support structure by two or more proponents.
"CPC-2-0-03" shall mean the Innovation Science and Economic Development (ISED)
Canada's Client Procedures Circular, CPC-2-0-03, Radiocommunication and
Broadcasting Antenna Systems, or any subsequent amendments.
"Designated Official" shall mean the Director of Planning, or their designate, as
delegated by the Council of the Township of Cavan Monaghan.
"Installation" shall mean the construction, erection, or modification of a
telecommunication structure by a proponent.
"ISED" shall mean Innovation, Science and Economic Development Canada, or any
of its successor organizations having jurisdiction over telecommunications system
approval.
"Proponent" shall mean a company, organization or person that is subject to ISED's
CPC-2-0-03.
"Proposal" shall mean a suggestion by a proponent to install a telecommunication
structure.
"Site" shall mean the location or the proposed location of a telecommunication
structure.
"Sensitive Land Use" shall mean buildings, amenity areas, or outdoor spaces where
routine or normal activities occurring at reasonably expected times would experience
one or more adverse effects from contaminant discharges generated by a nearby major
facility. Sensitive land uses maybe a part of the natural or built environment. Examples
may include but are not limited to residences, day care centers, educational and health
facilities.
"Support Structure" shall mean a structure, including a building or water tower, upon
which a telecommunication structure may be installed.
"Telecommunication Structure" shall mean an antenna, tower, and/ or equipment
shelter installed, or proposed to be installed, by a proponent as part of a federally
regulated telecommunication undertaking.
"Township" shall mean The Corporation of the Township of Cavan Monaghan also
known as the land-use authority (LUA).
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Exclusions from the Requirement of Public Consultation:
4.
Proposals that meet the exclusion criteria identified in ISED's CPC-2-0-03 or
this procedure may be excluded from the requirement of public consultation.
5.
Exclusions are identified because, they generally represent the least
contentious alternative for installing a telecommunication structure.
6.
For telecommunication structures exempted from consultation by ISED,
proponents are requested to provide notification to the Township of the
installation within a reasonable period of time following such installation, for the
Township's records.
Township Exclusions from the Requirement of Public Consultation:
7.
In addition to ISED's listed exclusions, set out in Appendix G, the following
proposals are excluded from the requirement for public consultation:
Proposals to co-locate on an existing telecommunication structure.
Proposals to co-locate a telecommunication structure on a support structure.
Proposals to construct an additional equipment shelter in conjunction with a
co-location.
Principles for Site Selection:
8.
Proposals for new telecommunication structures that are designed to serve only
a single provider will be discouraged by the Township.
9.
In determining an appropriate site for a telecommunication structure, the
proponent shall adhere to the following principles:
10.
Sites should be selected to minimize the total number of telecommunication
structures required in the Township.
11.
The construction of a new telecommunication structure is discouraged and
should only be considered by the proponent when all other options to
accommodate the telecommunication structure have been demonstrated as not
being viable.
12.
Locations on existing structures or buildings or co-locations on existing
telecommunication structures are strongly encouraged.
13.
Opportunities to incorporate a telecommunication structure into the design of a
new building or structure should be explored by the proponent.
14.
New telecommunication structures are strongly encouraged to be more than
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120 metres, or three times the tower height, whichever is greater, from any lands
zoned to permit residential or sensitive land uses. The distance is to be
measured from the base of the tower or the outside perimeter of the supporting
structure, whichever is greater.
15.
If a new telecommunication structure is to be located within 120 metres of lands
zoned to permit residential use or sensitive land uses, a detailed rationale for
the necessity of this location must be provided in the Site Selection and
Justification Report.
Considerations for Site Selection:
16.
When selecting a site for a new telecommunication structure, subject to
engineering and network objectives, proponents are required to demonstrate
they have considered:
a)
Minimizing the overall number of sites required within the Township;
b)
Utilizing existing support structures;
c)
Landscaping and setback standards for the zone in which the structure is
proposed;
d)
Maximizing the distance from lands zoned which permit residential uses
or sensitive land uses;
e)
Maximizing the distance from environmentally sensitive lands;
f)
Maximizing the distance from listed heritage buildings and sites;
g)
Avoiding sites that would obscure public views and vistas of important
natural or cultural significance;
h)
Avoiding natural hazards;
i)
Ensuring compatibility with adjacent uses; and
j)
Access for maintenance purposes.
Design and Landscaping:
17.
The choice and design of structure type will affect the ability of the structure to
be used for co-location in the future, proponents are required to apply design
techniques that will mitigate the presence of a telecommunication structure to
achieve a less obtrusive design. Any reasonable measure to blend the
installation with its surroundings should be taken. Mitigation design techniques
should be applied to the following features:
Structure type (e.g., architectural style).
Colour (e.g., neutral or blending colour unless specified by Transport
Canada and Navigation Canada).
Materials (e.g., non-reflective surfaces).
Landscaping (e.g., buffering).
Lighting (e.g., design that reduces harm to migratory birds).
Fencing (e.g., screening).
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Parking:
18.
One parking space will be provided at each new site with access from a public
right-of-way at a location acceptable to the Township. Any parking space
provided at a telecommunications structure must not be located within the public
highway or road right-of-way. Driveway access is subject to a Township
entrance permit to ensure conformity with applicable driveway and entrance by-
laws, policies, and design standards.
Lighting:
19.
All lighting on a telecommunication structure is prohibited unless required by
Transport Canada, Navigation Canada, or for the health and safety of the
proponents' employees. Lighting will utilize a design that reduces harm to
migratory birds (i.e. the use of flashing lights instead of steady burning lights),
whenever feasible.
20.
The use of dark-sky compliant lighting is required, where appropriate.
Signage and Other Uses of a Telecommunication Structure:
21.
A telecommunication structure shall only accommodate structures specifically
designed for telecommunication purposes. Only identification or information
signs or other material directly related to the identification or safe operation of
the equipment will be permitted on the telecommunication structure. A small
up-to-date plaque must be installed and maintained at the base of the structure
(or at the main entrance to the site where the site is not accessible under normal
circumstances), identifying the owner/operator of the structure and a contact
telephone number. Third party advertising of the proponent or the proponent's
services shall not be permitted.
22.
Notwithstanding the foregoing, where the signage is the telecommunication
structure, it shall be permitted provided the sign complies with the Township of
Cavan Monaghan Sign By-law.
Telecommunication Structures Sited Upon a Support Structure (e.g., Building or
Water Tower):
23.
A telecommunication structure sited upon a support structure which shall have
a maximum projection beyond the exterior wall of the support structure,
will generally not exceed 2.0 metres. Equipment shelters are encouraged to
maintain a minimum setback from the roof edge of 3.0 metres and a maximum
height of 4.0 metres.
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Preliminary Notification:
24.
Preliminary notification shall occur between the proponent and Township Staff
for all proposals. The proponent shall provide notification to the Township's Land
Use Inquiry Portal.
25.
The proponent shall provide sufficient information and materials needed to
effectively discuss the proposal.
Submission Requirements:
26.
Submission requirements shall be provided following preliminary consultation
with Township Planning Staff.
27.
All proposals are subject to submission requirements. For complete lists of
submission requirements, see Appendices A, B, C, D, E, F and H.
Fees:
28.
A fee equal to the Application for Telecommunication Tower Consultation and
Review fee in the Township's User Fee and Charges By-law will apply. Other
fees and expenses may be applicable.
29.
If the proposal requires public consultation, the proponent shall be responsible
for all costs associated with the public consultation process, which includes
public notice and any public information sessions. The Township shall not incur
any expense resulting from a proposal.
30.
The proponent shall pay the fee for a building permit, as required.
Municipal Notification:
31.
All proponents must consult the land-use authority and the public unless a
proposal is specifically excluded as per the ISED's CPC-2-0-03 document.
Individual circumstances vary with each telecommunication system installation
and modification, and the exclusion criteria in Appendix G should be applied in
consideration of local circumstances. Consequently, it is prudent for the
proponent to consult the municipality even if the proposal meets an exclusion
criterion.
Therefore, if the proponent is applying the criteria for exclusion as identified in
ISED's CPC-2-0-03, the proponent shall submit the materials listed in Appendix
A to the Township within a reasonable period of time following the installation of
the structure for Township records.
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Municipal Consultation:
32.
For proposals that do not meet ISED's or the Township's exclusions criteria, a
complete municipal consultation package is required to be submitted to the
Township containing all information and materials identified in Appendix B for
requests including proposals for new telecommunication structures.
Public Consultation:
33.
The public consultation process includes providing public notice and organizing
an in-person public information session. A complete public consultation process
is required for proposals that require public consultation in accordance with this
procedure.
34.
For proposals that do not meet the exclusions identified in Appendix G, the
process requires the proponent providing public notice (Appendix B), an in-
person public information session (Appendix D) and a public notice sign
(Appendix H).
Public Notice:
35.
The proponent shall submit Public Notice Information Packages to the
Township, containing all information and materials identified in Appendix D.
36.
Public Notice Information Packages shall:
a) Be prepared to the satisfaction of the Township;
b) Be addressed and mailed by the Township in Township envelopes;
c) Include a covering letter prepared by the proponent to be reviewed by the
Township;
d) Be mailed by the Township as pre-paid first-class mail at the expense of the
proponent;
e) Be mailed a minimum of 21 days prior to the date of the public information
session;
f) Be posted to the Township website;
g) Provide a copy of the notice posted in a local newspaper, as directed by the
Township. The proponent shall, at their expense, prepare and advertise
such notice in accordance with the requirements of ISED's CPC-2-0-03. In
areas without a local newspaper, other effective means of public notification
must be implemented. Proponents shall contact the local Township office
for guidance; and,
h) The Township shall mail the Public Notice Information Packages, on behalf
of the proponent, to:
i. All property owners located within 360 metres or three times the
height of the telecommunication structure measured from the base of
the structure whichever is greater;
ii. Innovation Science and Economic Development (ISED) Canada;
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iii. Township of Cavan Monaghan Mayor and Councillors;
iv. The Clerk of any adjacent municipality within the greater of 120
metres or three times the height of the telecommunication structure
measured from the property line of the proposed site.
Documentation of Public Comments:
37.
Industry Canada's "Client Procedure Circular", CPC-2-0-03, Section 4.2, Default
Public Consultation Process - Responding to the Public and Public Reply
Comments - details the responses required by the Proponent to the public and
the public's reply in kind.
38.
The Proponent shall document the public consultation process including:
a) The names, addresses, phone numbers and E-mail addresses of
respondents; and
b) The Proponent shall provide a follow-up letter to the Township indicating the
Proponent's formal response to the concerns and/ or comments received
from the Public on the proposal.
Public Information Session:
39.
At the public information session, the proponent shall provide the materials and
information identified in Appendix E.
40.
The proponent, in consultation with Township Staff shall schedule an
appropriate date, time, and location for the public information session which
shall be conducted in-person.
41.
The proponent shall be responsible for organizing and chairing the public
information session.
42.
The proponent shall be responsible for designing and installing a public notice
sign as identified in Appendix H.
43.
Following the public information session, the proponent shall submit a record to
the Township that contains the materials identified in Appendix F.
Confirmation of Local Land Use Authority Consultation:
44.
Township Staff will submit a report to Council indicating whether the proponent
has complied with the Township's Telecommunication Structures Procedure
Policy and request from Council direction concerning whether ISED should be
provided with a letter of concurrence or non-concurrence.
45.
The Township's response to the proponent and ISED will take into consideration
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all responses from the municipal consultation process and, when applicable, the
public consultation process. The Township will forward comments raised during
the public consultation process to ISED.
Application Process Timeline:
a) The Township will endeavour to expedite the local land-use authority
consultation within 60 days.
b) For proposals that require public consultation, a time period of up to 120 days
may be required.
c) In the event of unavoidable delays preventing the completion of the
application process within the 120 days period, the Township shall identify
such delays to the proponent and indicate when the completion is expected
to occur.
Related Forms:
Appendix A: Municipal notification requirements for proposals that meet Innovation,
Science and Economic Development Canada (ISED) exclusions
criteria.
Appendix B: Municipal notification requirements for proposals that do not meet
Innovation, Science and Economic Development Canada (ISED)
exclusions criteria.
Appendix C: Submission
requirements
for
proposals
that require public
consultation.
Appendix D: Public Notice requirements.
Appendix E: Public information session requirements.
Appendix F: Requirements following a public information session.
Appendix G: Innovation, Science and Economic Development Canada (ISED)
Exclusions.
Appendix H: Township public signage requirements for proposals that require
public consultation.
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Appendix A: Municipal notification requirements for proposals that
meet Innovation, Science and Economic Development Canada
(ISED) exclusions criteria.
If a proposal meets the exclusions identified by the ISED, the Township requests that
the proponent submit the following to the Township within a reasonable period of time
following the installation of the structure:
a) A letter demonstrating compliance with exclusion criteria identified in ISED's
CPC-2-0-03.
b) Supporting drawings.
c) Engineered stamped drawing if altering existing structure.
d) Maps illustrating structure location and surrounding land uses.
e) A site plan.
f)
General Review Commitment Certificate.
g) Letter of Substantial Completion.
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Appendix B: Municipal notification requirements for proposals that
do not meet Innovation, Science and Economic Development
Canada (ISED) exclusions criteria.
For proposals that do not meet ISED's exclusions, the proponent shall submit to the
Township, concurrently with submission requirements in Appendix C and Appendix D
when applicable, a complete package containing the following:
a) A hard copy and a digital version of a Site Selection and Justification Report
prepared by a professional engineer or land use planner. In recognition of the
sensitive nature of information contained in the Site Selection and Justification
Report, Township Staff will, subject to the requirements of this procedure, the
Municipal Freedom of Information and Protection of Privacy Act, and other
applicable law, maintain confidentiality of information where reasonably
requested by the proponent. The report shall include:
b) The record of pre-consultation meeting with the Township's Designated Official.
c) A location map and inventory of co-location site options that have been
considered.
d) An evaluation of site alternatives and the rationale for the selection of the
preferred option, including a description of why co-location options have not
been arranged as directed by ISED.
e) Confirmation of the need for a new telecommunication structure at the proposed
location.
f)
A description of the design elements proposed to minimize the visual impact of
the telecommunication structure, considering the Township's preferences
identified in this procedure.
g) A signed agreement stating that the proponent will allow co-location, subject to
standard industry financial compensation arrangements to the owner of the
telecommunication structure and provided all safety, structural, and
technological requirements are met.
h) One full-size hard copy and a digital version of a site plan drawn to a metric
scale showing site grading, location of existing property lines or leased area,
existing or proposed buildings, fences, lighting fixtures, parking facilities,
existing and proposed landscaping, access, type, height of the proposed
telecommunication structure, and any other item as reasonably requested by
the Township.
i)
One full-size hard copy and a digital version of scaled elevation drawings.
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j)
Agreement to submit a General Review Commitment Certificate prior to
construction.
k) Agreement to submit a Letter of Substantial Completion following construction.
l)
Agreement to submit a Building Permit prior to construction, limited to matters
within the Township's jurisdiction.
m) A map indicating the horizontal distance between the structure and the nearest
lands zoned to permit residential uses, sensitive lands uses and the nearest
environmentally sensitive lands.
n) Agreement to submit proof of compliance with Transport Canada and
Navigation Canada's regulations prior to construction.
o) A statement acceptable to the Township, regarding the removal of the
telecommunication structure in the event that the structure is no longer being
used for a telecommunication purpose.
p) A Property Identification Number (PIN) printout.
q) A legal survey of the property identifying the leased area, if any.
r)
Colour photographs with the telecommunication structure superimposed.
s) An Environmental Impact Statement.
t)
Agreement to submit confirmation of utility locates for ground-mounted
structures prior to construction.
u) All applicable fees and related costs.
v) Agreement to provide notice in a local newspaper for proposed structures with
a height of 30 metres or more. When notice in a local newspaper is required,
the proponent shall, at their expense, prepare and advertise such notice in
accordance with the requirements of ISED's CPC-2-0-03. The timing of the
notice must be synchronized with the distribution of the Public Notice
Information Packages. In areas without a local newspaper, other effective
means of public notification must be implemented. Proponents shall contact the
local Township office for guidance.
w) The proponent is required to erect and maintain in a structurally sound condition,
the required sign (or signs) to inform that an application has been filed for the
subject property. 20 days in advance of a public open house, the applicant shall
submit written proof indicating that a sign has been erected in accordance with
the Township's requirements and agreeing to other obligations regarding sign
maintenance and sign removal (see Appendix H for sign specifications).
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x) The proponent's formal response to the concerns and/or comments received
from all the public consultation
19
Appendix C: Submission requirements for proposals that require
public consultation.
For proposals that require municipal consultation and public consultation, proponents
shall concurrently submit the following materials to the Township:
a) Public Notice Information Packages, containing the materials and information
identified in Appendix D; and,
b) Municipal Notification requirements as identified in Appendix B of this
Procedure.
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Appendix D: Public Notice requirements.
Proponents are required to submit Public Notice Information Packages to the Township
that comprise the following materials and information:
a) Date, time, location, and agenda for the public information session.
b) The purpose of the proposed telecommunication structure, the reasons why an
existing telecommunication structure or other infrastructure cannot be used, a
list of other telecommunication structures that were considered unsuitable and
future co-location possibilities for the proposed telecommunication structure.
c) The proposed site within the community, the geographic co-ordinates, and the
specific property or support structure (e.g. rooftop).
d) A site plan printed on standard letter-size paper.
e) Identification of areas accessible to the public and the access/demarcation
measures to control public access.
f)
A description of the proposed telecommunication structure including its height
and dimensions, type, design, and colour.
g) Superimposed images of the proposed telecommunication structure at the site.
h) Transport Canada's and Navigation Canada's aeronautical obstruction marking
requirements, if applicable.
i)
The proponent's expectation of Transport Canada's and Navigation Canada's
requirements together with an undertaking to provide Transport Canada's
requirements once they become available.
j)
An Environmental Impact Statement.
k) Written confirmation that the installation shall conform with accepted
engineering practices including structural adequacy.
l)
Written confirmation containing details of compliance with Health Canada's
Safety Code 6.
m) The name and telephone number of a contact person for the proponent, ISED,
and Health Canada.
n) Reference to compliance with this procedure.
o) Notice that general information relating to antenna systems is available on
21
ISED's
Spectrum
Management
and
Telecommunications
website
(http://strategis.ic.gc.ca/antenna).
p) Closing date for submission of written public comments (not less than 20 days
from the date of the public information session).
22
Appendix E: Public information requirements
The Township will advise the proponent of the number of copies of the following
materials to be made available for each public information session:
a) An appropriate visual display, including at a minimum, a display-size (61cm x
92cm) colour photograph of the proposed site/subject property with a
superimposed image of the proposed telecommunication structure.
b) Public Notice Information Packages, as outlined in Appendix D, containing all
materials included in the public notice mailing.
c) Copies of all materials listed under the applicable Appendix B of this
procedure. Confidential information contained in the Site Selection and
Justification Report may be removed.
d) A hard copy of Health Canada's Safety Code 6 and other related Health Canada
public information materials that discuss Safety Code 6 as it pertains to
Telecommunication Structures.
23
Appendix F: Requirements following a public information session.
Following each public information session, the proponent shall provide the Township
with a record that contains the following:
a) Complete list of attendees, including names, and addresses.
b) Minutes indicating the topics discussed, concerns, issues raised, resolutions
and any outstanding issues.
c) Copies of letters or other communications received from the public.
d) A follow-up letter of response provided to the Township within 40 days of the
information session outlining:
e) How the concerns and issues raised at the information session and in any letters
received prior to, at, or up to 20 days following the information session will be
addressed; or
f)
Clearly setting out the reasons why the raised concerns cannot be addressed.
24
Appendix G: Innovation, Science and Economic Development
Canada (ISED) Exclusions
(Excerpt from CPC-2-0-03 - Exclusions)
For the following types of installations, proponents are excluded from the requirement
to consult with the LUA and the public, but must still fulfill the General Requirements
outlined in Section 7 of CPC-2-0-03.
a) New antenna systems: where the height is less than 15 metres above ground
level. This exclusion does not apply to antenna systems proposed by
telecommunications carriers, broadcasting undertakings or third party tower
owners.
b) Existing antenna systems: where modifications are made, antennas added or
the tower replaced, including to facilitate sharing, provided that the total
cumulative height increase is no greater than 25% of the height of the initial
antenna system installation.
c) Non-tower structures: including antennas on buildings, water towers, lamp
posts, etc. These may be excluded from consultation provided that the height
above ground of the non-tower structure, exclusive of appurtenances, is not
increased by more than 25%.
d) Temporary antenna systems: used for special events or emergency operations.
Temporary antenna systems must be removed within three months after the
start of the emergency or special event.
e) No consultation is required prior to performing maintenance on an existing
antenna system.
f)
Individual circumstances vary with each antenna system installation and
modification, and the exclusion criteria above should be applied in consideration
of local circumstances. Consequently, it may be prudent for the proponents to
consult the LUA and the public even though the proposal meets an exclusion
noted above. Therefore, when applying the criteria for exclusion, proponents
should consider such things as:
g) The antenna system's physical dimensions, including the antenna, mast, and
tower, compared to the local surroundings;
h) The location of the proposed antenna system on the property and its proximity
to neighbouring residents;
i)
The likelihood of an area being a community or in a sensitive land use
j)
Transport Canada marking and lighting requirements for the proposed structure.
25
k) Proponents who are not certain if their proposed structure is excluded, or
whether consultation may still be prudent, are advised to contact the land-use
authority and/or ISED for guidance.
26
Appendix H: Township public notice sign requirements for
proposals that require public consultation.
The proponent is required to create, erect and maintain a public notice sign in
structurally sound condition.
Before installing the sign, the applicant shall contact the Township designate to confirm
the design, wording and location of the public notice sign.
20 days in advance of a public open house the applicant shall submit written proof
indicating that a sign has been erected in accordance with the Township's
requirements and agreeing to other obligations regarding sign maintenance and sign
removal.
All aspects of the preparation and installation of the public notice sign shall be done in
a professional manner. Basic details required to be included on the public notice sign
as listed below and subject to the approval of the Township designate.
Wording:
The basic wording details on the attached example must be adhered to, including:
proposal details (type of structure, height, location, etc.);
an image of the tower superimposed on the landscape;
identification of the proponent;
public open house information; and
a note identifying a method to contact the proponent for more information.
Size and Height:
Size: 1.93 metres (6 feet) wide by 1.22 metres (4 feet) high.
Ground clearance: The sign shall be mounted so the text is at a height between
1.2 and 1.5 metres above the ground.
Sign Supports:
The sign supports must be able to sustain the weight of the application sign for
a considerable period of time and through various climatic conditions (i.e. heavy
winds) so as to ensure that the sign does not fall over. Signs may be attached
to an existing building or structure, or mounted on T-bars, 4 x 4 posts, a fence
or other reasonable structure that is fully accessible to the public, or as
approved by Township designate.
Materials:
2 cm (3/4") exterior grade plywood panel; or
10-12 mm (1/2') corrugated plastic; or as approved by Township designate.
27
Paint:
If painted, the sign panels and all structural members shall be painted on all
sides and edges with two coats of white exterior type matte finish alkyd paint
over a suitable primer, or as approved by Township designate.
Lettering:
The sign is to be professionally lettered or silk-screened with dark blue or black
lettering on a white background. Typefaces to be Arial and in upper and lower
case.
The sign is to be "glare free' with a high colour contrast.
Location:
One sign shall be erected along each street frontage of the property so as to
be clearly visible from the highway or other place to which the public has
access.
The location of the public notice sign shall be confirmed by the Township
designate.