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HomeMy WebLinkAboutP-184-79CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N. SMITH, M.C.I.P., Director HAMPTON, ONTARIO LOB 1.10 TEL. (416)263-2231 REPORT TO PLANNING AND DEVELOPMENT COMMITTEE MEETING OF October 15, 1979. REPORT NO.: P-184-79 SUBJECT: Washington Gardens Cemetery Proposal Part of Lots 26, 27 and 28, Con. 5, former Township of Darlington BACKGROUND: On August 9, 1979 the Committee received a presentation which proposed the development of a cemetery on the above noted lands. This matter was referred to staff for a report. This particular property was previously the subject of an Official Plan Amendment for estate residential development. At that time, the application was turned down. More recently, this same property was the subject of an objection to the Durham Regional Official Plan. The Owner is now proposing that the lands be developed as a cemetery, suggesting that this would be the highest and best use of the land. Durham Regional Official Plan: The Durham Regional Official Plan designates the site as "Permanent Agricultural Reserve" and "Hazard Lands", although this designation was referred to the Ontario Municipal Board. Cemeteries are only permitted within "Major Open Space" designations; and although the Region recently approved Amendment 15 to the Durham Regional Official Plan to permit Community Facilities within any area, a cemetery is not considered as such a facility by Regional staff. Darlington Official Plan: The Official Plan for the former Township of Darlington designates the site as "Agriculture". The Official Plan does not speak to the matter of cemeteries, however, it does permit selected institutions. It is left to �(7 6 ntN" LCN -V_(G) - 2 - the implementing restricted area (zoning) by-law to define the types of institutional uses that would be permitted. Darlington Zoning By-law: The zoning by-law for the former Township of Darlington defines the subject lands as "Agriculture" in accordance with both Official Plans. However, among the permitted uses within this zone are cemeteries, mausoleums, columbariums or crematoriums, established with the approval of the Department of Health under the Cemeteries Act. These uses do not conform with those permitted by the Durham Regional Official Plan. The subject proposal was circulated to a number of agencies and their comments are summarized below: Ministry of the Environment - No objection to the proposal to develop a cemetery on the subject property. The Ministry's primary concern, however, relates to possible groundwater con- tamination. It is advised that the proposal, if permitted, maintain sufficient distance (60 metres, 200 feet) between the cemetery and any area where drinking water is being obtained from shallow dug or bored wells. Deep drilled wells should be safe from contamination provided they are constructed in accordance with current regulations. Ministry of Agriculture and Food - The general area involves a soils complex of Class 1 (80%), and Class 4 (20%) with a limi- tation due to topography. It appears that a majority of the site is Class 1, high capability agricultural lands with no significant limitations for continued field production. Section 4A.4 (2) of the Food Land Guidelines indicate that a high priority agricultural designation should allow only agriculture, land uses compatible with agriculture, and activities directly related to agriculture. The Ministry is not of the opinion that the proposal qualifies as a non -related compatible use as outlined in Section 4A.7 of the Guidelines. Based on the foregoing, the Ministry would object to the instrusion of this non-agricultural use into a farming area. Central Lake Ontario Conservation Authority - No objections to this proposal. A fifty foot buffer strip from the top of the Farewell Creek Valley should be provided, in which, no grading or excavating is to occur. Permits are required prior to any grading in Lot 26 and the southern half of Lot 27. Regional Planning - The subject site is designated "Permanent Agricultural Reserve". Cemeteries are not permitted under this designation. Therefore, the proposal does not conform to Regional Policy for the subject lands. As you are aware, the designation has been referred to the Ontario Municipal Board by the Minister of Housing. This matter is still before the Board and, therefore, we will provide revised comments following the Board's decision. - 3 - Regional Works - Services are not available to the subject lands. Therefore, if any buildings, requiring servicing, are erected on the subject lands, then approval would be required for the instal- lation of a private well and waste disposal system. Due to the possibility of a future widening of Taunton Road, the Department requests a 3.049 m (10') strip of land, along the total frontage abutting Regional Road A. remain undeveloped. On the above basis, there are no objections to the subject proposal. Town of Newcastle Public Works - The proposal indicates access via an existing Forced Road which abuts the west limits of the subject property. This is a concern since that section of road is not, nor can it be in its current state, maintained twelve months of the year. The Department, therefore, recommends that the relevant portion of the forced road, abutting the subject property, be closed and conveyed to the abutting owners. Failing this, an additional 33' of land would be required in order to construct a 66' access road. As per Town policy such construction would be the responsibility of the owners, at no cost to the Town. Trans Canada Pipelines - The part of our pipeline right-of-way affected by the proposal contains high pressure pipelines authorized by the National Energy Board for the transmission of natural gas. Our easement rights prohibit excavations and structures on the right-of-way and also reserve the right of Trans Canada to use such lands immediately adjacent to either side of the right-of-way as may reasonably be required for the construction of pipelines. In the interest of public safety, it is desirable that the right- of-way be isolated from activities related to excavation and that no structures or excavations be permitted within a 10 metre strip immediately adjacent to either side of the right-of-way. "With respect to the specific plan as circulated we have the following comments. 1) The existing 60 ft. TCPL easement and a strip immediately south of the right of way should be kept free from excavations. 2) The construction of a road crossing over the pipelines is under the jurisdiction of the National Energy Board and crossing details must be submitted for approval. In this location pipe modifications would be required at the roads in order to upgrade them to design code standards. National Energy Board Order #2 governs the requirements and states that the person constructing the crossing is responsible for the costs incurred in any necessary upgrading. 3) Both pipelines in our easement have approximately 3 ft. cover. Should any major regrading of the area be required a change in the vertical alignment of the pipelines may be necessary. - 4 - 4) In order to allow access along the right of way landscaping should be confined to sodding and small shrubs. We will further require advance notice of work on or immediately adjacent to the right of way. For your information we can provide detailed drawings of our pipeline location and pro- file and can stake the location in the field." Interprovincial Pipe Line Limited - The National Energy Board is the government body to whom we are responsible. Crossings of our easement and activities in the proximity of the pipe are matters of their jurisdiction. Providing the items meet their standards and those of our company they would issue a Board order to that effect. Durham Regional Health Unit - The Health Unit offers no objection to this proposal provided there are no burials in the valley lands. It is recommended also that graves be kept 50 ft. from the top of bank. It is assumed that the applicant will obtain approval from the Ministry of Consumer and Commercial Relations for the establish- ment of the cemetery, as is required. COMMENTS: Based on our review of the proposal and the comments received from our circulation, it is obvious that there are two matters which must be resolved prior to Council's consideration of the subject proposal. The first of these is the conflict between the Durham Regional Official Plan, which would not permit this proposal and the Darlington Zoning By-law, which would. that: Section 16.6.1 of the Durham Regional Official Plan requires "Where this plan or any part thereof takes effect, every zoning by-law then in effect in the planning area affected thereby, shall be amended forthwith by the area municipalities to conform with this Plan pursuant to the Regional Municipality of Durham Act." Part VI, Planning, Section 59 (4) of the Act to establish the Regional Municipality of Durham requires that: - 5 - "When the Minister has approved an Official Plan adopted by the Regional Council, every by-law passed under Section 35 of The Planning Act or a predecessor thereof then in effect in the planning area affected thereby shall be amended forthwith to conform therewith." These two requirements appear to form the basis for comments received from the Durham Regional Planning Department. It would appear that their interpretation is such that the Regional Official Plan takes precedent over the local zoning by-law by virtue of its Ministerial approval. To our knowledge there has only been one instance where this interpretation has been tested in the Courts. In that case, it was ruled that the Official Plan did take precedence and that compliance with a zoning by-law, which did not conform to the Official Plan, would not justify a proposal if it did not itself conform with an approved Official Plan. It would appear, therefore, that prior to the applicant submitting its formal application under the Cemeteries Act; they should apply for an amendment to the Durham Regional Official Plan. At such time as this application is reviewed by Council, it would then be appropriate to advise the Minister of Consumer and Commercial Relations of the Town's position. The second matter of concern is the objection raised by the Ministry of Agriculture and Food relative to the preservation of prime agricultural land, and the intrusion of a non -related compatible use into this farming area. It is the staff opinion, that the intent of the Durham Regional Official Plan is, to preserve and retain in production areas with high agricultural capability. The applicants have indicated that the lands cannot be viably farmed, however, they have not indicated the basis for such a contention. Based on the Ministry's comments, relative to the 1W= agricultural capability of these lands, we feel that approval of the proposal would offend the intent of the Durham Regional Official Plan. With respect to the contention that the lands do not form a viable farm unit, we note that by endorsing the use of these lands for a non-farm related use, the municipality would be removing valuable agricultural land from production and precluding any possible consoli- dation with adjacent farm lands, which might otherwise increase their viability. If in Council's opinion the proposal is deemed desirable, and if the applicants were to receive the necessary Official Plan Amendment, the following requirements be complied with in accordance with the appli- cable Provincial Statutes: 1) The applicant must provide the Clerk of the Municipality with the following information: (a) a metes and bounds description of the subject lands; (b) a survey of the site as described in (a) above; (c) a copy of the written opinion of the medical officer of health indicating the suitability of the site for cemetery purposes; (d) a short description of the proposal and the names and addresses of executive officers. 2) Council of the municipality must pass a resolution concurring with the proposal and forward a certified copy of all items mentioned in (1) above to the Ministry of Consumer and Com- mercial Relations, Officer in charge of Cemeteries Administration. In addition to receiving local endorsement for the proposal, the applicant must comply with all other requirements of the Cemeteries Act, - 7 - R.S.O. 1970. A short summary of these requirements, as prepared by the Ministry, is attached for your information. Relative to the matter of receiving local endorsement, comments received from the Durham Regional Planning Department indicated the subject lands were recently the subject of a referral to the Ontario Municipal Board. Discussions with staff of the Ministry of Housing indicate that this matter was withdrawn from the Board and the Minister is presently considering approval of the Regional Official Plan desig- nations for the subject site. If such approval is given, and the Region continues to exclude cemeteries from their definition of Community Fac- ilities under Amendment 15; then, the applicant is obligated to apply for an Official Plan Amendment if he wishes to pursue this project. CONCLUSION: Based on the foregoing, we note that in all likelihood the applicants will require an amendment to the Durham Regional Official Plan; especially if the Town endorses the Region's position that the Regional Official Plan takes precedent over local, non -conforming, zoning by-laws, and that a cemetery is not a "Community Facility" which would otherwise be permitted by Official Plan Amendment 15. In any event, the Town must reconcile it- self with the applicant's contention that the subject lands are not viable farm lands, which is contrary to the opinion of the Ministry of Agriculture and Food, as well as the present intent of the Durham Regional Official Plan. We note that Council is on record, as supporting the Ontario Foodland Guidelines (C-78-107 Item 10) and a deviation now would not be consistent with their previous position. - 8 - RECOMMENDATION: That the Planning and Development Committee recommend to Council the following: 1. That this report be received for information; and that 2. The applicants be requested to contact the Regional Munici- pality of Durham in order to submit an application to amend the Regional Official Plan or alternatively, receive written confirmation that their proposal would be permitted by re- cently approved Amendment 15; and that 3. The applicants submit the necessary information to the Clerk, as required by the Ministry of Consumer and Commercial Relations in support of their application; and that 4. The applicants be requested to comply with all requirements of the various commenting agencies as contained herein and all other agencies having jurisdiction, and that the infor- mation submitted and mentioned in (3) above, reflect these con - dations and requirements. Respectfully submitted, TTE:lb D. N. Smith, M.C.I.P. October 3, 1979 Director of Planning (:rMeter'v 1Jstablishrnents an(x 1:ttensions (1) Following selection of a site send copies of the 1'ollowint;, in duplicate, to the Clerk of the Municipal t;orporation in which they land is situated: (<?1 } a metes and bounds description of the prol;osed cemetery <lrea (iC the parcel of _land proposed was previously subdivided this informntion can u suaJ.ly he found on the deed, oth"rwi�F.e the services of an Ontario 1�(jnd :.surveyor will he nr: (tded) ; (h) :a aur'vcy orawing of tt;(: above descri i)Lion; (e) " c:otly 01.' the written opinion OC the local mcd.ic:al officer of health on the suiLabi.lity of Ltle .Land .for cemr_�t,ury purposes; (d) a c;}lnrt, cic:;cri ption of the type of oNeration h(:ing plannod and thn names and addresses of Ule executive 01'1':icr;r:i (eq,,. religious denomination:;, name oC the Church or cons.,xegaLion immediately in ch,lrt;c - munic.i)l,11 cor;x�'rat.ion with a committee of council or separate c:em(:ter;y hoard - lot owners' cernete.ry with nnntia.1 or hi -annual election of officers - company Without :dInre cap:i Lal, etc. (%) COUnc i1 :,hould Pass a rc,'solut,ion concurring irl the proposed. A cert i. fieri colay of t.}lis resolution tot;eth(:r' with one coley of the it -ems mr.nt.ioned irl (1) above should be for-war'ded t,o the Pfnistry addve:�sed to (11'I'ic:c r in Char'l,e of ccxneteries .Admirriet,ratiin, I';1 r 1 i:cm(nt- 1cu i 1 cl i.n,.,s, Tor•ont.o, Ontario. wl)rove the i;C;Ur� ;, r,r•r•t.tl'ir.tlt,. :;ett.;.nl,, application, ,01(, 'ir1i:;Lry will he area c'c-10,01 f,ul•1,o:;(:!;, and t.r.i:, uocumr:nL ;;tlou1cl be rcEJiitered on t,it,1u in the l.acal ir.t:hi:;t.r� or i lnd 'l'a.t,l.es Orrice. N:rl'l,; 1'Iti:. i:; nr>t, �lr.rrli:; ion to operate a c c:mrLc:ry, if. merely lilnd s.iAle for that, purpose (1{t?1'(?;'CnCt?S: eCtLOn;i tr> )1 i.nc:1usi.ve of the Act and 1jecLion t, Of Etetulation ti0, (�) The lndermenL i one(i items must, he filed or al)prov(;(.i by they Min.iot.ry hc:.far', �l crrrncL(;ry m,ly operate lel;ally. the_• cemetery must he I)rovicic(l Jr) 1.ri},lic�nt.e; inrrt,:ri;ll :should br: provici(:d irl (ju1), i.c;1Lt!. _2- 00 Detailed plans of the cemetery lay—out showing the :Lots and graves, roadways, walks, huilciinr s, compass bearings, water courses, adjoining roads, ornamental. areas, fences, gates, underground corcciucts or water pipes, and the numbering system for the graves, etc. (Two approved copies will be returned — one should be cic:fxasi.ted under Part II of The Ret,istyy Act for. safekeep:iif;, the second is your official plan of thi:: Cemetery. It should be protected and another copy used for working, purposes in the cemetery). Adult grave spaces must be not less than 3 feet by 8 feet exclusive of headstone space. The plans of cemeteries under 3 acres may be drawn locally — Eill others reyuir•e the services of an Ontario Land Surveyor or a Professional l:;rat;i.neer. (References: Sections 5, 6, '7 � 8, 9, 1), 15 and 26 of Regulation 80, R .U.0. , 19,70). (b) these should show the requirements of the ce:m,te=ry board, particularly those which place a restriction on a lot owner. Draft copies of rules and regulations, etc, may he p:(•c)cure:d from the Ministry on request. R.il��s and rcp�111ILions are not enforceable in 13w unlessthey t',',ve been a fyproved by the Ministry. Do riot, i.racl.udf: tariffs or rate:> in Your rules - they are filed with the Mi.rai.stry separately (:;ee (ci) t.>elaw). (References: aec:tion 42 of the Act and 1;ect,ions, lf;, ly anu 33 bf 1te�u).ation 80, R.R.O., 1970). (c) Deed form:; or indentures -• this form must show the name of the purchaser, the' cemetery, the lot number, the amount of the sale, the amount beim; set aside for perpetual. care and the name and address of the i.nvestinty agency holdint; ,your perpetual care funds. It is preferable to use: the word 11i.ndenture" rather than the word "deed" as the latter implies U, t thep;.irch»ger is buyint, the land from the., cemetery board when in f:ct, he i:; iscquiring only the vif,ht to make= burial:; grid the land remains the property of the cemetery hoard. t'or•rr : may he pr!lcur•ed from the: Ministry on request,. �itet crence:: :iection 1.:L of Ete�;ulat .on 130, R.It.O., 1 970) . (;f) 1'arif I'.; of' Rates •- the ccmietery owner c,r hoa rd is required blaC1 l e:ct F care on e) l As,,jqunen1,s or sales of l:ur•'icyl rig-hts (:Lots;, graves, mausc>:Le un; cr;,pt.s or ecyl.umhrarium niche:. ) . f ie minimum rrat,,e for lots ilnd t,,raven , etc) is 35 ccnt..L! t;crr square foot of the surface arca bei.nt!; assigned (inc:luui_nj, heaoLitone space) or 3`,a per cent, of the total. amount k,in' c:oll.ecteri, whi.c}yever amount is the f�,rc�atcr. These arc e:� the minirm n arnounts, however, ;;lloul.d the cemetery operator thE:se inaciE:quate he may set aside hither ,:rn,ounts for t;erE; foal care, it heinp. unuQrstood that whe=n h.`�t;her rates -3- are 3- are filed these become the official amounts which must, be collected ,and for which an accounting must be made. _ Iot.s, graves, etc, assigned free of charge: are sub4ect to the pE. rpetual care requirements of the l.e '7islation. Gelietery operators failing to collect these amounts are liable and must ps,y over to their investing agencies the am uni,s required. Rates must be shown for all services provided by the cc- etery organization, however, prices for items of merchandise should riot he included, for eXample, headstones, flowers, markers, vaults, etc. Tariff forms may be procured from the Ministry on request. All changes in a tariff must, he filed with the Ministry 30 days before they are to be placed in effect. As rates are filed with the Ministry rather than apprnved, they should riot be included in your rules and regulations but provided to the Ministry separately. (References: Section � 4 of the Act, Sections 1.6, 17, 23 of Regulation 80 and :Section 8 of Regulation 81, R.R.O., 19'70). (2) Records (a) Administrative - ,you are required ,to maintain records of the names and addresses of lot owners, the names and. last addresses of persons buried and the lot and grave number applicable, detail of all transfers of owner;3hip of lots and gravF;s, removnl.s, etc. (References: Sections 25, 26, of the AcL and Sections 21, 22, 23, 28 of Regulation 80, h.h.O., le> /0). (b) Financial -- you are required to keep records of sales and the amounts collected for perpetual care, the transfer of perpetual care funds to the investing, agency, and you should rani stain general book-keeping records of all transactions . leu shou1ct keep simple records Of the dishursement of the income from the perpCtual care fund to prove that it, is ttsed ex(;')uuivcl.y for maintenance purposes. ThQ caPita'I of the perpetual care fund must, not he used for an; fn3rpobe, it must he held in trustee securities by the invc;;tinL; agency. The income from this fund may not be u:_;e:d for capita). expenditures - as noted above it is desigia :.ed for assisting. in defraying the cost of -4 -- maintenance . 4 maintenance. (Ref e:rences : Sections 23, 24, 25 cif the Act, Section 1.3 of Regulation 80 and bections 13, 14, 15 of hegulation 81, 11.h.O., 1970). (31) Returns and Sur r2rate Court Porm 2 -- a return on the collection and investment oi' perpetual. "re furr:.is must, be filed by all cemeteries with the Ministry within three months of t.l,e: close of the organization's fiscal year. Woun perpotua.l care funds exceed X25,000, your organization is to takes out an Pppoi.ntment. with a ,.Judge oP the SurroLate Court every Live yQa rs to pass its perpetual care occountu , Exemption Prom this requirement, may be given if it, is a religious orp;an— Nat.ion owning and operating three or more cemeteries and if the P>er•petual care funds are held by the vxecut•ive committee of a central church organization, for example, a Chancery-, Heact Office$ Presbytery, Di.oceae, etc, or a municipal corporation whore the funds are held by the treasurer of the corporation under the direction of council and the accounts are subject to annual. audit Or the licensed municipal au(Jitor, and in both instances,a, signed annual. "i WIncia) statement has been filed with the Ministr-c,. An aE,proved inve-stint; agency is then Public Trustee, a trust C(Mpany registered under The Loan and Trust Corporations Act, and ass noted above, an executive cornrnittee of n religious organ iration and a municipal t.rea:Jurer. All invest.r'Ic:nta of perpetual care .:'unds mI.rst be held in trustee i)-ivestments as uefined by Tho. Trus-: (!e Act, kevAsed 6tatut'E>s of Ontario, -197 ). (References: Sections 27, 28, 29', 3u, 32, 34, 35o 37 of the Act and Sections 9, 10, 1.1, 12, 14 of Regulation 8l I(Ai .O., IIA10). l l) l ncure the Witten content of a lot owner before makint; a burial in his plot. (2) Wr:ie:d or entombed remains may not he disturbed without the: written consent and supervision of the local medical officer of health. -5- {'�) Xf ,you sell services or merchandise pre -need, you must establish a pre-neea assut•ance fund with a trust company and deposit at least 65 per cent of all receipts, pendia; the provision of Lhc: services or merchandi�c, and a quarterly return on Dorm 1 is r-cquire:d to he filed with the Ministry (ccrrnr_:t(!ry lots, graves, etc, are not services and this note does not, apply Lo thEsn). (t,) Any alteration to Lhe size of the cemetery requires Ministry approval incl ud.inj; matters relating to expropriation, etc. (5) l;L"etcaries wili.ch are no longer in use should be closed to further burial.,; under .iec;tion 56 of the Act by Urdc:r•-in-Gounci_'i. (6) At least threre feet of earth cover is required over the outer container of all burials including concrete vaults and sectional crypts. ('O Penalties ire provided for failure to comply with the requirements of Ttic (;cTnc:LE:rie:; Act. and the Regulations in effect thereunder. (P) ileadstones, markers, etc., are the property of Lhe lot owner and may not he removed unless they become dangerous or have been allowed to deteriorate. The conditions of their removal must be shown in your ruler and regulations. t i} Cemeteries over 3 acnes in extant must, have lay --out plans drawn by an Ontario Land :;urv(-or a Professional. Engineer. Those with or le,,,,; than 3 iicres may have locally drawn plan;;, however, they must he dr;:iwri to sc.a'le and in addition show all dimensions i_n Nglires. '.l'he; e suge;e;,tions are for the guidance of cehletcry owners in regard to items which arc to be submitted to the Ministry for a.pproval or fi.linf;, and in regard to Proper records and the investment of perpetual care furuis. (1) Detailed pD-.ns of thc: cemetery are to he drawn to scale and show the outer bound cries and their dimensions, the entrance, the position of the adjoining road and its name. Graves must be at least 81 long; e?xcl_u:sive of the space for a monument and when ars upright monur;rent is pervd,tted the: grave should be at, least qc long; to allow space for a ]'oun(11ti.on. Lots or single graves should be nurnhered and wallcways Provided so that each lot can be reached without walking; over other lots. It niy not be possible to provide walks in areas already usect but we would expect that the unused areas are laid out as required by the legislation. When the cemetery is larger than 3 «cre s the plans must, be drawn by an Ontario la:•)d ,surveyor or F'rofe:ssiona.l Engineer. Three copies are required, two of which will he returned to the owner after approval so that one coRy may be deposited in the local_ registry office for safekeeping. (Ref: Sections 5 -- 10, 26 and 27 of Regulation 80.) (2) Every o,mer is required to file with the Minister a list of all by-laws, and rules and regulations made by hire. We suggest that these rules be kept to a minimum, defining the relationship between the cemetery owner and lot owner. No such rule or regulnt.ion shall have any force or effect unless approved by the Minister. (Ref: Sections 33 and 34 of Regulation €30.) (3) Every owner at the time of a sale of a lot shall deliver to the purchaser a deed or certificate ;showing the name of the purchaser, the number and size of the: lot, the date: of the purchase, the total amount received including Forpet:,al care, the amount 'set aside for Perpetual care, and the name of the trustee holding the perpetual care fund. (Ref: Section 11 of. Regulation 80.) (4) Price lists for lots and cemetery service are to be filed with the }Ministry. These lists :should show the total amount charged for a lot; and the perpetual care part of a sale. It should show all :service charges imide by the cemetery owner, such as grave digging, lowering; device, Monurient foundations, cost of inserting; corner posts, etc.. (lief: Sections 16 and l7 of Regulation 80.) (5) Perpetual care funds mu3t be invested in the care of a trust com;zany or the Public: Trustee according; to Section 27 of The Cemeteries Act. Religious organizations which own or operate three or more cemeteries, and municipali.ties may be exempt under Section 9 of Regulation 81. (6) Every owner shall keep .a record of the nahn of every owner of a lot, every transfer of the ownership of a lot, every deceased person whose body is interred a"Ln the cemetery, the location of each body, the date of burial, and the particulars of every disinterment or removal of a body. (Ref: Sections 21 and 22 of Regulation 80.) REKAT.JL Ministry Plans Of Administration Housing Division Ontario October 12, 1979 Mr. W.B. Grieve Lowland Management Services 221 Denison Street Markham, Ontario L3R 1B5 Subject: Proposed Amendment No.15 to the Official Plan for the Region of Durham Dear Mr. Grieve: 56 Wellesley St. West, 8th Floor Toronto, Ontario M7A 2K4 965-6418 I am responding to your letter of October 10, 1979, addressed to Mr. Bruce McLeod of the Official Plans Branch. The Ministry's interpretation of this amend- ment as it applies to cemetery development, is as follows. In terms of the general applicability of the Amendment No.15 to the Region as a whole, it is our opinion the list of permitted uses is exemplary of uses to be allowed under the amendment. It does not limit the scope of permitted uses to those specifically named in the amendment. Since the amendment refers to the uses recognized by the respective restricted area Zoning By-law, it is our opinion that the amendment seeks to permit tAbse "Community Facilities" recognized in the Zoning By-law as well as those typified by the list of uses permitted by Amendment No.15. In the case of your property in the Town of Newcastle, the situation is somewhat altered by the referral of the proposed land use designation to the Ontario Municipal Board. Although your solicitor has requested that the Minister of Housing resume consideration of R52 (the land use designation of that site), the Minister will not take the matter back from the Board since the hearing has been concluded. The processing of a resumption at this time could cause administrative problems both at the O.M.B. and within this Ministry. Consequently, the issue of the land use designation of the Regional Official Plan as it applies, remains unresolved pending the issuance of the O.M.B. decision. 2 - Mr. W.B. Grieve (Cont'd) d In this instance, the operative document in terms of Official Plan coverage becomes the Official Plan for the former Township of Darlington Planning Area which designates your property "Agriculture". Under the Agriculture designation, "Selected Institutions" are permitted in addition to other uses. Further, it is our understanding that the zoning of your property is permissive of cemetery development. Therefore, in our opinion, notwithstanding the proposed Regional Official Plan and Amendments thereto, cemetery development may be permitted on your property. Upon disposition of Referral 52 by the O.M.B., the Regional Plan and Amendments will become the operative documents and in our opinion, as stated earlier, these also do not prohibit cemetery development on your property but defer to the zoning provisions in place. Provided that your proposal complies with all other legislative approvals required under the Cemeteries Act, we fail to see any official plan impediment to the processing of your application at this time. Yours truly,, Mrs. D. Santo, M.C.I.P. Director Official Plans Branch c.c. Mr. C.W. Lundy, Region of Durham C.C. Dr. M. Michael, Region of Durham C.C. Mr. J.M. McIlroy, Town of Newcastle C.C. Mr. D.N. Smith, Town of Newcastle c.c. Mr. K.C. Andrews, Ontario Municipal Board 9