|
"Net Buildable" Zoning Regulations
By David Krayeski, Barkhamsted
As towns grapple with the balance between growth and conservation, a recent State of Connecticut Supreme Court decision may provide a solution to this issue. In February 2002 the Court stated that it was constitutional for the Town of New Milford to establish a "net buildable" zoning regulation.
"Net buildable" zoning regulations are designed to remove non-buildable land from consideration when determining if a lot meets the town’s minimum lot size requirement. Often these regulations take into account categories of land such as rights of way, steep slopes, and wetlands. Land within these categories would be subtracted from the total lot size to determine the net amount of buildable land.
An example would be a three-acre parcel that consists of two acres of wetlands. If the town had a minimum lot size of two acres with a "net buildable" zoning regulation, that parcel would not meet the minimum lot size. Other variations include requirements that the parcel have a perfect square of buildable land within the total lot in order to qualify as an approved building lot.
Around our area, smaller communities are beginning to experience levels of growth that are quickly forcing issues such as school construction, sewers, and the expansion of town services. The tax revenue generated by a new home does not cover the cost to the town for services. The end result of this trend is an increased tax burden. This may be especially true now as aid to towns and municipalities is being cut due to the state's budget crisis.
As part of a sound plan of conservation, which each town is required to have and update, a town can take steps such as a "net buildable" zoning regulation that help manage that balance between growth and conservation. Ask to see you town's plan of conservation and push for regulations that not only help protect the character of your community, but also help manage its budget.
| 
