Mat-Su Borough Assembly approves tall towers ordinance

After years of discussion and multiple draft iterations, the Borough Assembly has adopted updated regulations for tall towers within the Mat-Su.  At Tuesday’s meeting, the Assembly discussed, and eventually passed, the latest version of the tall structure ordinance to come from the borough’s platting board.

During the meeting, multiple Assembly Members, as well as Borough Mayor Larry DeVilbiss, referenced the fact that the tower ordinance has been in various states of revision for seven years.  That includes a brief period when the Assembly repealed the old regulations, but was unable to adopt a new version, meaning that construction of cell and broadcast towers as well as other tall structures had no requirements beyond those that might apply from the state or federal government.

The final version of Tuesday’s ordinance represents a compromise of sorts.  Assembly Member Jim Sykes succeeded in expanding the notification area for surrounding property owners from 1,200 feet to one half-mile when the permit process for a new tower begins.  His attempt to require a minimum setback equal to the height of any tower was eventually amended. A setback is the distance a structure is required to be from the nearest property line. Dan Mayfield, the newest member of the Assembly, introduced an amendment that would require what Sykes desired, with the caveat that the setback could be reduced if the tower’s builders can demonstrate that there is no risk to public health, safety, or welfare on adjacent properties.

Assembly Member Steve Culligan was opposed to the setback amendment.  He says that it represents a big enough change to justify opening the ordinance up to the public process again.  Culligan ultimately voted in favor of the ordinance as a whole, but says he did so in part to reserve the right to bring up reconsideration of the regulations at the next Assembly meeting, scheduled for February 17th.  Many other members of the Borough Assembly expressed their satisfaction that the issue seems to have been dealt with.