Newburgh planning commission to review zoning code after state housing bill, seeks consultant help

The Town of Newburgh Planning Commission on June 1 agreed to begin a formal review of its zoning and subdivision rules in response to a newly passed state housing law, and to gather data the town must report to state authorities by Jan. 1, 2027.

A staff member told commissioners the legislation—identified in meeting materials as House Enrolled Act/House Bill 10001—was pared down in the Senate from a broader original draft promoted by homebuilders but still carries requirements for local governments, including new reporting on proposed, approved and denied housing units and a mandatory review of the town's unified development ordinance (UDO) this calendar year. "You have to review the UDO and hold a public hearing to consider changes that could improve housing," the staff member said, adding the town will have to report the hearing minutes and a written description of any UDO changes to the legislative services agency.

The commission discussed how the state requirements overlap with the town's post-comprehensive-plan next step: a technical zoning-code overhaul. Staff recommended hiring HWC—the same consultant that helped prepare Newburgh's comprehensive plan—to perform a focused code review and return recommended amendments on an accelerated timeline. "It is budgeted for this year," the staff member said of the proposed consultant engagement.

Commissioners stressed that any substantive changes should follow local study and public input rather than an immediate code rewrite. One commissioner proposed the hypothetical policy that "any place there is a single-family home, you can put a duplex," prompting a multi-member exchange about neighborhood character, parking and lot-coverage trade-offs. Commissioner Jim Renie said blanket, town-wide approvals could create parking pressure and alter neighborhood character; the group repeatedly returned to questions about off-street parking requirements, setbacks, garage placement and lot-coverage rules as code levers to manage density.

Staff flagged several concrete provisions in the state bill that the commission will need to consider in the review: definitions and limits for accessory dwelling units (an ADU must not exceed 75% of a primary dwelling's habitable area or 1,000 square feet, as discussed), restrictions on the town's ability to require certain technical items for single-family homes (for example, some arc-fault circuit interrupters and emergency responder communication systems), permit-processing deadlines and refund rules if permits meeting ordinance standards are not issued in time, limits on fee increases (every five years, tied to CPI) and a possible extension of housing-related TIF terms from 20 to 25 years.

The commission agreed on next steps: staff will gather the required housing data, and the chair and staff will meet with HWC to scope a code-review contract and timeline. The commission expects to hold a public hearing after the consultant work and staff's data-gathering so the town can file the required report and document whether the UDO was amended as a result.

The meeting included routine staff updates on May permits, code-violation letters, ADA sidewalk checks in Copper's Edge, and MS4 outfall mapping work assisted by intern Connor. The commission then moved and seconded to adjourn.