Hi-Lure Drive resident Roar Sand doesn’t believe he should have to pay an $8,100 public water fee for the Hi Hill Subdivision Water Special Assessment District, for a lot he owns but hasn’t built on.
Sand bought a lot in the Hi Hill Subdivision for his home, and also purchased the lot next door to increase his yard space. He said he has no plans currently to build on the lot.
Sand would like his lot given the same benefit that was given to other lots that were vacant when the SAD was established, and all the homes in the subdivision connected to public water, which was a waiver of that $8,100 fee. Any lot with a home not choosing to hook up to the public water had to pay the fee.
“There’s no house on lot #79, so connecting is not possible,” he said.
According to Sand, language in the SAD resolution adopted by the board states that a property owner can waive the fee if they make an “irrevocable commitment to the township to connect to the public water system” once the lot is built upon.
“Since there is no house on lot #79, I can not hook up now, but by committing to hook up as soon as the lot is built on, I am asking that this lot be granted equal treatment,” he said in a letter to the Orion Township Board of Trustees.
Supervisor Jerry Dywasuk asked Sand if he thought a deadline of the year 2018 to build on the lot before he had to pay the fee would be appropriate.
“I don’t want a neighbor that close to me, so having a time limit for having a house built on that lot? No, I don’t like that at all,” said Sand.
“To the best of my knowledge we’re talking about two lots right now,” said treasurer James Marleau. “If we make the decision and give these two residents relief, are we setting any precedent for the others that didn’t pay?”
Township attorney Kristin Bricker Kolb said there was a clear time limit stated in the SAD resolution regarding the irrevocable commitment.
“If you (allow this) you’re saying they get an exception,” she said. “When the other homeowners had a clear deadline to adhere to.”
Department of Public Works Director Bill Ireland said he didn’t believe it was fair to penalize the residents for the deadline, because their request was made prior to the September deadline date.
“We were later getting to the board with the legal research,” he added..
Kolb said that wasn’t a consideration in her legal opinion.”My answer would be the same.”
Kolb recommended the board review and amend resolution #5 of the SAD, which would require a public hearing.
The board voted to hold a public hearing on Dec. 1 at 8 p.m., to decide if the board should change the wording of resolution #5 to allow empty lots to waive the public water fee. The fee will be withheld from the December tax bills of the two residents in question until the matter is decided.