It’s not OK for the borough, but OK for the rest of us?

Prior to the Mat-Su Borough’s Title 27 subdivision code, property owners in the MSB were able to affordably and easily subdivide their property. The major factor discouraging subdivision of land in the MSB is Title 27.

Now, not only landowners have been affected, but developers, road builders, contractors and building suppliers don’t have jobs, and neither do their subcontractors or their employees. Like it or not, Title 27 is affecting all of us. It is time to change the MSB code so we can all get back to work and reduce our taxes. Let’s get behind our new mayor, Larry DeVilbiss, and once again the MSB can be open for business.

On March 26, 2007, the previous administration and assembly at the MSB replaced Title 16 subdivision code with the more restrictive, costly and time-consuming Title 27.

What a great endorsement borough chief of planning Eileen Probasco gave for repealing Title 27 at the planning meeting on March 21 when she asked the planning commission for an exemption for the borough from Title 27 because it is “too time consuming, over burdensome and not cost effective.”

That really says it all.

On April 19, the MSB exempted itself from Title 27 for its own development at Point MacKenzie, (Ordinance 11-036). The MSB will not only go back to Title 16, but also exempt itself from building roads or providing physical access.

Nice. What about the rest of us? Is the MSB encouraging jobs and development for all of us, or just for itself? This exemption just cut surveyors, engineers, road builders, truckers and many others out of jobs because the MSB exempted them from any and all construction.

The Title 27 rule is affecting all of us. Here are a just few of Title 27’s requirements and how it may affect you, your land, home, income and taxes.

• If your property is within 100 feet of any land that is to be subdivided, surveyors will be on your property documenting everything within 100 feet. This information will be provided to the borough, and if your property is not 100 percent in compliance with borough code, (structures within your lot line setback, no mandatory land use permit for any construction, any construction within the flood plain since 1985 without a permit, etc.) you can expect a visit from a code compliance officer, possible fines and, if you don’t bring your property in compliance, the borough may record a document against your property that would prevent it from being sold or financed. Also, this information will go to the tax assessor so that office can pick up some additional revenue from you. All of this the developer must pay for.

• If your well is within 300 feet of property to be subdivided, your property and well must be accessed to perform the tests necessary. The results of these tests may be reported to the Department of Environmental Conservation, and if a flow test is required, your well water will be shut off.

Here are some more added costs and restrictions:

• In 2008, road inspection fees went up from 1 percent to 5 percent of the total road building cost. (On a $100,000 road that’s $5,000.)

• In 2008, platting fees increased. The regular plat fee was increased four times from $250 to $1,000, plus $50 per lot over 12 lots.

• 40-acre exemptions and five-acre waivers must now go through platting board (not under Title 16).

• No pioneer roads to remote properties.

• Limited use of flag lots.

• No shared septic on a residence lot.

• You must upgrade MSB maintained roads to your property.

Several surveyors I spoke with, and an evaluation of several properties I own or have looked at to develop, have proven that the added costs of Title 27 over Title 16 range from an increase of 25 percent to more than 50 percent. And in quite a few situations, property is simply unable to be subdivided at all. Most of this additional cost is paid to the surveyor.

• Title 27 also requires significantly more MSB staff time, which increases the costs to the borough. These are the last few years of plat recordings in the Palmer Recording District: 2005 — 228, 2006 — 243, 2007 — 187, 2008 — 122, 2009 — 120, 2010 — 150 and 2011 — 23 (through April 27). It is clear the work that has been coming into the MSB has declined, but not staff. MSB staff is requesting an approval of an increased budget, which will raise the mill rate from the current 9.6 up to 10.063 (raising your property taxes about 4.823 percent). Mayor DeVilbiss has asked for a 10 percent reduction in the budget. The mayor and the assembly are desperately attempting to reduce the cost of government, (your taxes) and they need your input.

• Lack of work is affecting income for those directly and indirectly associated with real estate development. Title 27 has made it cost prohibitive for many of us to develop.

If you live on land that has been subdivided, thank a developer for making it affordable. If Title 27 does not change, lot costs will only be driven higher and become more unaffordable.

Please send your comments directly to the mayor and assembly members, asking them to repeal Title 27 for all of us and go back to Title 16, which will enable development and help in reducing the budget/taxes at the borough. There is an assembly meeting today if you would like to speak.

Don’t forget to check the MSB website on how your assembly member voted on Ordinance 11-036.

Butch Moore lives in Big Lake.