The town of Oro Valley cannot, despite neighbors' protests, legally take away the vested property rights of an Oro Valley man who plans to build a funeral chapel and crematorium in Rancho Vistoso, according to the town's staff.
Rancho Vistoso residents who live a quarter-mile north of the planned site for Vistoso Memorial Chapel, 2285 E. Rancho Vistoso Blvd., have been picketing and petitioning against construction of the funeral chapel and crematorium.
Building on the project is expected to start sometime over the next few months.
Even if town staffers wanted to — and they have not said they do — they could not stop the construction because Vistoso Memorial Chapel owner Douglas Harpold already has the property rights.
"Once development rights vest to a property owner, a Town Council cannot legally take these vested rights away, unless the Town purchases the property, along with any vested rights, for the fair market value through the exercise of eminent domain," according to the town's Web site, www.town oforovalley.com.
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Some Rancho Vistoso residents have said they would like Harpold to move the planned funeral chapel and crematorium to a different location.
There are many acres of open land in Oro Valley, said Dawnelle Krouse, 59. "It doesn't have to be in a residential community."
But Harpold, 37, said he cannot afford to move it to a different site because of the money he has already invested into the project.
Some Rancho Vistoso residents have said they are worried about whether any emissions that would come from the crematorium would harm them.
But Harpold also lives in Rancho Vistoso and said he would not have moved there if living near a crematorium would cause health concerns for his wife and children.
Many of the residents who are fighting against the crematorium have said they are worried about mercury exposure.
When bodies containing silver-amalgam dental fillings are cremated, the mercury is emitted into the atmosphere.
All crematoriums in the United States combined emitted about 560 pounds of mercury in 2002, according to the EPA's National Emissions Inventory, said John Millett, an EPA spokesman.
A crematorium averaging 400 cremations each year emits a volume of mercury smaller than a sugar cube in that time, according to figures from the Cremation Association of North America.
The EPA does not regulate emissions from crematoriums, Millet said.
The Pima County Department of Environmental Quality regulates crematorium emissions but does not regulate mercury from crematoriums because the EPA does not consider crematoriums to be a significant source of mercury, said Tina Gingras, the department's air program manager.
Elsewhere, the British government in 2005 announced that all crematoriums in the United Kingdom must be fitted with mercury-filtering equipment by 2012, according to a January 2005 BBC News article.
Northwest says …
How do you feel about a funeral chapel and crematorium being built in Rancho Vistoso?
A crematorium and funeral chapel have no place near homes. 44%
If the developer complies with the town's zoning laws, he should be allowed to build whatever he wants. 32%
By approving the chapel and crematorium, the town disregarded the feelings of its residents. 19%
I don't care what goes in there. Besides, the business will provide a valuable service. 5%
Total number of votes: 458 as of Wednesday morning.
Poll results aren't scientific. Percentages may not equal 100 percent due to rounding.
