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Council finalizes rezoning for 1305 Silver Bluff Road amid HOA sewer liability questions
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Summary
On second reading council rezoned 1305 Silver Bluff Road from planned residential (PR) to single‑family residential (RS10); a Melrose 3 HOA representative requested written indemnification if the developer taps into HOA sewer lines, and the city attorney said state law prevents the city from indemnifying private parties.
The Aiken City Council on April 13 approved on second reading an ordinance to rezone 1305 Silver Bluff Road from planned residential (PR) to RS10 (residential single family).
Staff explained the parcel is roughly 0.99 acres on the east side of Silver Bluff between Town Creek Road and Hidden Haven Drive, and that zoning to RS10 would permit only a single‑family residence due to limited road frontage and lack of sanitary sewer access. Planning staff said the planning commission had unanimously recommended the rezoning at its March 10 meeting and that council approved the item at first reading on March 23.
Brenda Conway, representing the Melrose 3 homeowners association, asked for written indemnification protecting the HOA and homeowners if a developer tapped into the HOA sewer and the sewer later failed or proved inadequate. She noted the sewer was originally constructed to serve the developer’s earlier plan and warned even a single new home could affect two narrow streets.
City Attorney Smith responded that construction liability typically falls to the builder and that state law prohibits the city council from issuing indemnifications to private entities because doing so could expose the city and its citizens to unlimited liability. Council voted to adopt the rezoning ordinance on second reading with no recorded opposition.
The rezoning limits future development on the lot to one residential structure under RS10 zoning; any future sewer or connection questions remain subject to developer construction responsibilities and applicable state and local regulations.
