Members of the Mat-Su Borough Assembly and the Waterbody Setback Advisory Board met this week to discuss the proposed changes to the waterbody setback legislation.
The Board recommends a variety of changes that would limit development within 75 feet of a waterbody. Within 45 feet of the waterbody, more stringent requirements would be in place. Those include requiring a land use permit, special stormwater mitigation measures, and limited vegetation removal. New language in the ordinance also includes restrictions for animal enclosures, herbicide usage, and fuel storage in the waterbody buffer.
District 5 Assemblymember Bill Gamble asked Borough Planning and Land Use Director Alex Strawn if he thinks the Board expanded on the intent of the Assembly with the draft ordinance they developed.
“When you talk about the Assembly as a whole, their intent was described in that scope of duties. I’m sure that there were individuals who had, you know, their own opinions on what should come out of that board. But when you talk about the Assembly as a whole, the only thing I can go on is that ordinance that we adopted.”
Board member Bill Klebesadel says the proposed ordinance includes many of the group’s ideas, but it would be up to the Assembly to decide which of those become law.
“As an advisory board, we brought these ideas forward, maybe too many of them. I sense from Assembly members Sumner and Gamble that we did bring a lot more than was expected, but we’re the technical committee, we’re not elected officials. So I guess we brought those so that the recommendations could be selected a la carte, cherry picked out of that.”
Board member Kendra Zamzow, who also sits on the Borough Fish and Wildlife Commission says she looks at the bigger picture.
“Part of what I try to think about is why are we doing this? Why is there a setback? What is the bigger picture?”
She goes on to talk about water quality, neighborhood aesthetics, and bringing about 160 landowners into compliance. The landowners that could comply through a permitting process and those intending to develop would need to be subject to the same standards. She says the Borough attorney warned about potential litigation, which is how the group landed on the language presented.
Board Chair Bill Kendig says he hopes the Assembly throws away more of the ordinance than it keeps. He says he wants landowners that will be out of compliance in five years according to the proposed ordinance to be grandfathered into compliance.
Several Assembly members asked how some of the setback numbers were developed. Board members stressed that the group compromised on most of the ordinance recommendations to find a balance between water quality protections and development.
Ultimately, the Assembly may take up the ordinance at a future meeting, but it will require an Assembly member to bring it forward.
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