WHEREAS the dumping, placing and removal of fill in the Township of Wilmot may have negative impacts on the environment and the residents of the Township;
WHEREAS Section 11 of the Municipal Act, S.O. 2001, c.25 provides that Council of a local municipality may pass by-laws respecting the economic, social and environmental well-being of the Township and the health, safety and well-being of persons;
WHEREAS Section 128(1) of the Municipal Act, S.O. 2001, c.25 authorizes local municipalities to prohibit and regulate with respect to public nuisances, including matters that in the opinion of Council, are or could become or cause public nuisances;
WHEREAS Section 129 of the Municipal Act, S.O. 2001, c.25 authorizes local municipalities to prohibit and regulate with respect to noise, vibration, and dust; and,
WHEREAS Section 142 of the Municipal Act, 2001, S.O. 2001, c.25 authorizes local municipalities to prohibit or regulate the placing or dumping of fill, the removal of topsoil, the alteration of the grade of land.
THEREFORE BE IT RESOLVED that Council deems it in the public interest to prohibit, regulate or require a permit for the dumping and placing of fill, the removal of soil or topsoil, and the alteration of the grade of lands, and/or the storage of soil, topsoil or other fill material in the Township in order to ensure existing drainage patterns are maintained, and erosion and sedimentation are prevented, to ensure any changes to existing drainage or grade patterns are appropriate to protect environmental features, natural heritage features, and archaeological resources, to prevent the importation of hazardous materials, to prevent interference and damage to watercourses or water bodies, to minimize disturbance to land form characteristics and features, and to put in place haul routes and other controls to minimize damage to the Township's roads and to minimize disturbances of residences and businesses; and,
BE IT FINALLY RESOLVED that Staff be directed to report back to Council on municipal best practices and the feasibility of the implementation of a by-law to regulate site alterations, placement of fill and removal of topsoil within the Township of Wilmot.