Section III
LWRP Policies

The Waterfront Revitalization of Coastal Areas and Inland Waterways Act establishes public policies for the State's coastal areas and inland waterways. These policies are general statements established to address changes occurring in New York State's diverse inland waterways and waterfront areas. A major purpose of this Local Waterfront Revitalization Program (LWRP) is to specify how these broad statewide policies will apply to the Town and Village of Waterford.

The underlying principal of these policies is that the waterfront, its historic and natural resource areas are valuable, irreplaceable and limited resources that will be protected and enhanced and appropriately used. It means that priority will be given to new development or uses that rely or capitalize on a waterfront location or otherwise enhance the region's tourism and economic development goals for the canal corridor. It also means ensuring that new development also reflects and maintains the positive and distinguishing characteristics of the surrounding neighborhoods and that opportunities for public access to and enjoyment of the waterfront be provided to the maximum extent feasible.

The following paragraphs examine applicable State policies with regard to conditions, problems, and opportunities associated with the waterfront areas in the Town and Village of Waterford.

GENERAL POLICY

Policy 1. Foster a pattern of development in the waterfront revitalization area that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a waterfront location, and minimizes adverse effects of development.

The vitality of waterfront communities is a critical component of the character of New York's waterfront areas. Focusing investment to sustain these communities as centers of activity enhances their vitality and protects the remaining open landscape that provides ecological and scenic value.

The waterfront areas of the Town and Village of Waterford include a wide variety of land uses, natural resources, cultural and historic resources, and recreational facilities and opportunities.

The Village of Waterford is a small, compact, densely-built, and well-defined area. With the exception of the Broad Street commercial district, the village is nearly all residential.

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However, parks, trails, and community uses such as government buildings, schools, churches, community centers and fire departments are scattered throughout the neighborhoods, particularly in the northern portion of the village. Shoreline areas along the Hudson and Mohawk rivers and Erie and Champlain canals include recreational and residential uses and have recently benefited from numerous improvements, including the completion of a visitor welcome center, a waterfront promenade, and several small street-end parks along the canal, all of which are located along the canal in the area known as the waterfront promenade.

The Town of Waterford is less well-defined. Like the Village, the Town is predominantly residential, with the exception of the Route 4/32 corridor and portions of Saratoga Avenue. Nearly all industrial uses, and a limited number of commercial establishments, are located along the Route 4/32 corridor (Hudson River Road). Ursula of Switzerland, which occupies the former Ormsby-Laughlin Textile Mill, is located along the Mohawk River in the Northside/Saratoga sub-area. Most commercial uses are located at the southern end of Saratoga Avenue or along Route 4/32 (Hudson River Road). Shoreline areas of the Hudson and Mohawk Rivers and Erie and Champlain Canals are predominantly in residential or recreational use, with concentrations of summer camp residences scattered along the Hudson and Mohawk River shorelines.

Development within the Town and Village of Waterford is constrained by a number of environmental factors including floodplain areas, steep slopes and wetlands. Shoreline areas in several locations are protected as land conservation districts under Town and Village zoning ordinances. The majority of the land between the old Champlain Canal and the Hudson and Mohawk Rivers lies within the 100-year flood plain, with small areas just beyond the 100-year boundary lying within the 500-year flood plain. Small, isolated areas within the 100-year flood plain boundary are also designated 500-year flood zones. The largest of these areas exists on the eastern edge of the Champlain Canal within the Village, and around the northeast and eastern edges of Peebles Island.

Steep slopes preclude most development in many areas of the Town, although some of these areas, particularly along the Mohawk River in the Upper Mohawk sub-area, have begun to be developed for residential use.

Within the waterfront revitalization area, steep slopes are concentrated in the southwestern section of the Hudson River Road sub-area and the Lower Mohawk/South Waterford Flight sub-area.

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Wetland areas are located exclusively in the Hudson River Road sub-area to the north of the Village's northern boundary. One wetland area is located between the Champlain Canal and the Conrail right-of-way, another wetland area is located between the railroad right-of-way and Hudson River Road, and a third wetland area is located between Hudson River Road and the Hudson River shoreline.

Both the Town and the Village have numerous parks and recreational amenities such as trails. Both municipalities hope to expand these facilities in the future, particularly in shoreline areas.

The following policy standards apply to the Town and Village of Waterford with respect to Policy 1.

1.1 Maintain and enhance natural areas, recreation and open space.

Natural areas, open space, and recreational land produce public benefits that may not be immediately tangible. In addition to scenic and recreational benefits, these lands may also support habitat for commercially or ecologically important fish and wildlife, provide watershed management of flood control benefits, serve to recharge ground water, and maintain links to a region's agricultural heritage.

As noted above, the shoreline areas of the Town and Village of Waterford include a number of environmentally sensitive features, including wetlands, flood prone areas, and steep slopes. Shoreline areas also include numerous recreation, water-dependent, and water-enhanced uses, including the waterfront promenade, boat launch, street-end parks and seasonal floating docks along the Erie Canal in the Village; NYS boat launch (Alcathy's); the Waterford Flight; Clement Park; Soldiers and Sailors and Knickerbacker parks; Fourth Street Park, and Garrett Field. The areas above, below, and adjacent to the Cohoes Falls along the Mohawk River shoreline are important open space areas with spectacular scenic views. These areas will be protected, enhanced through creation of additional public access points, and developed with caution, preserving public access opportunities and scenic qualities of this area. This is particularly true in the area beyond Mountainview Avenue and Catallo Drive, which is generally bounded by the Mohawk River, Erie Canal and the developed portion of the Town.

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Environmentally sensitive shoreline areas (see Floodplains Boundaries Map and Wetland Areas Map in the Map Gallery) will not be destroyed or damaged by major commercial or industrial development. Existing water-dependent and enhanced uses, including the NYS Boat Launch (former Alcathy's); Erie Canal Locks 2-6 (including power house building and open space); Waterford Flight shoreline areas; the five Mohawk River islands; and existing and future waterfront trail segments, will be improved and enhanced.

Vacant parcels outside environmentally sensitive areas in the Hudson River Road sub-area will be considered appropriate for additional industrial and commercial development. Many parcels outside of environmentally sensitive areas are occupied by residential, commercial and industrial uses, and General Electric is buying much of the vacant land in the Hudson River Road sub-area (see Land Use Map in the Map Gallery). New uses in shoreline areas will be appropriately screened and buffered from public view, with areas of natural vegetation retained. In addition, the Town and Village will encourage the introduction of screening and buffering as part of changes in use or redevelopment in waterfront revitalization areas.

To the greatest extent feasible, shoreline areas of the Hudson River, Mohawk River, Erie Canal and Champlain Canal will continue to be developed for public access and enjoyment via trail development and development and improvement of recreational facilities that will not degrade the natural environment or detract from water-dependent uses. Additionally, new development in shoreline areas will be encouraged during building permit and site plan review processes to incorporate opportunities for public access to waterfront areas and continuation and maintenance of waterfront trail segments to the greatest extent feasible.

1.2 Concentrate development and redevelopment in or adjacent to the Village as well as portions of the Town that have already been developed.

The Town and Village of Waterford will provide a variety of housing opportunities; commercial, service and cultural activities; and industrial uses. To the extent feasible, new development will be located where infrastructure already exists or can be economically upgraded to accommodate new development.

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The Route 4/32 (Hudson River Road) corridor and the southern section of Saratoga Avenue are areas within the Town of Waterford that already contain a variety of land uses and commercial and industrial facilities.

The majority of commercial uses in the Village of Waterford are located along Broad Street and portions of Third and Fourth Streets. All development that does not directly support, maintain or complement water uses and waterfront revitalization efforts will be restricted to and encouraged in these existing commercial areas to the maximum extent feasible.

New residential uses will be restricted to areas where development already exists (or where approvals for additional development have already been granted), or will be restricted to housing rehabilitation and upper floor residential uses in downtown commercial buildings.

If new residential uses are proposed within the LWRP's designated waterfront revitalization area, the following guidelines will apply:

A public right-of-way shall be maintained between the canal or river shoreline and the residential property line to allow for continued visual and physical public access. The width of the right-of-way shall correspond to existing land conservation district boundaries established in Town and Village of Waterford Zoning Ordinances. In areas where such boundaries have not been established, Town and Village Planning boards shall use their discretion, using similar areas elsewhere in Waterford as a guide. Guidelines set forth in Policy 2 below shall also apply.

Residential uses shall be clustered to maximize the use and enjoyment of open space.

1.3 Restrict land uses along the shorelines of the waterfront area to uses that are water dependent or water-enhanced.

With the exception of land on the north side of the Waterford Flight; land between the Mohawk River, Mountainview Avenue, and the Waterford Flight; and Peebles and the other islands, most shorelines areas in the Town and Village of Waterford have already been developed. The area most vulnerable to new development is located along the Mohawk River above and below the Cohoes Falls.

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If development occurs in these undeveloped or minimally developed waterfront areas in the future, preference will be given to water-dependent or water-enhanced uses where appropriate, and other related uses that rely, depend on, or can capitalize on a waterfront location.

1.4 Encourage commercial redevelopment in identified business district areas.

The Village of Waterford's commercial district is concentrated along and immediately north and south of Broad Street. Although numerous improvements have been completed in the last few years, this relatively small, compact, and somewhat struggling business district is in need of revitalization, redevelopment and improvement.

Recent improvements have included the installation of antique lighting along portions of Broad Street including Knickerbacker and Soldiers & Sailors Park, installation of interpretive kiosks in Knickerbacker Park, beautification and streetscape improvements at key intersections, and development of a municipal parking lot between Second and Third Streets on Broad Street

Development of additional commercial uses, particularly those that provide goods and services to residents in adjoining neighborhoods, boaters, or other visitors, is critical to the long-term economic health and vitality of the Village. Commercial revitalization is being supported by the Village through the facade and streetscape improvement design guidelines completed in 2004, and related projects such as the implementation of a Waterford microenterprise assistance program. Efforts such as the recently established microenterprise assistance program, grants, low-interest loans and other incentives, as well as facade and streetscape improvements, are also needed to support existing businesses and attract new neighborhood-oriented commercial and tourism-related businesses. In 2005, the Village will begin a facade improvement program and business loan program for Broad Street businesses.

Commercial uses within the Town of Waterford are concentrated in the Hudson River Road (Route 4/32) corridor and Saratoga Avenue. These uses will continue to be supported and enhanced, with new commercial development occurring at undeveloped portions of existing commercial districts. These areas are most appropriate for highway commercial development (as opposed to neighborhood-oriented commercial development).

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1.5 Protect stable residential areas from deterioration and incompatible uses.

Older residential neighborhoods in the Town and Village of Waterford within the LWRP boundary will be protected from the effects of development and will be revitalized through rehabilitation and facade and streetscape improvements. Homeownership assistance will be considered to reduce the occurrence of absentee landlords. Because most of the village and the older sections of the Town are almost completely built out, mill development will be discouraged or used sparingly to allow additional opportunities for greenspace development and density reduction. Additions and alterations to residences within the Waterford Village historic districts will be compatible with the original and historical character of the existing building, and will be carried out in accordance with the Villages historic preservation ordinances.

1.6 Minimize the potential adverse land use, environmental, and economic effects from proposed development.

Waterford zoning and site plan review regulations, and the State Environmental Quality Review (SEAR) process seek to minimize adverse environmental impacts resulting from new development.

In accordance with local laws, all new uses in the Town and Village of Waterford,s waterfront revitalization area, and particularly on the waterfront itself, will be reviewed as applicable by the Town or Village planning board.

The Town,s Site Plan review procedures are set forth in Chapter 131 of the Code of the Town of Waterford. Site plan review is required for all new uses except:

Landscaping or grading which is not intended to be used in connection with land use reviewable under the provisions of this chapter;

Construction of one- or two-family dwellings and ordinary accessory structures, and related land use activities;

Ordinary repair and maintenance or interior alterations to existing structures or uses;

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Exterior alterations or additions to existing structure which would not increase the square footage of the existing structure by more than 25%, having a cost of less than $10,000.

Article IX, Section 9.2 of the Village's Zoning Ordinance stipulates that "no building shall be erected, moved, externally altered, added to, or enlarged, and no excavation for any building shall be begun unless and until a building permit for such work has been issued by the Zoning Inspector."

The Village does not currently have site plan review, but the zoning ordinance gives the Planning Commission the authority to establish site plan review regulations. Such recommendations will be developed as part of LWRP implementation and will be similar to those set forth in the Town of Waterford's zoning ordinance as described above. The Village is currently using a set of review criteria developed by the municipal attorney and effective as of July 10, 1996. These criteria address issues of public safety; quiet enjoyment of adjoining and nearby parcels; neighborhood appearance; and the economic well-being of the Village.

Such reviews by the Town and Village planning boards shall take into account the economic, social, and environmental interest of the community and region as a whole, including the effect of the potential project on Waterford's waterfront revitalization and development goals. All projects will comply with these policies, enhance public and private enjoyment of waterfront areas, and, to the greatest extent feasible, allow for continued public access to waterfront areas.

Policy 2. Preserve historic resources.

The Town and Village of Waterford are part of historic Saratoga County as well as the RiverSpark Heritage Area, Mohawk Valley Heritage Corridor, Hudson Mohawk Industrial Gateway, Hudson River Greenway and Champlain Canal Scenic Byway. In addition, the Champlain Valley, with Waterford anchoring its southern end, was recently designated as a national heritage corridor, and the Hudson River was recently designated as an American Heritage River by the federal government. Like other Capital District communities, the Town and Village of Waterford are extraordinarily rich in social, architectural, industrial, engineering and military history, and are still working to capitalize on this richness.

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With the exception of the Northside Historic District and a few isolated structures in the Town, most of Waterford's historic resources are located within the Village. The Village of Waterford is defined by an extraordinary spectrum of historic buildings that express a wide variety of architectural styles, including Federal, Georgian, Empire and Greek Revival styles as well as expressions of various Victorian fads. The Waterford Village Historic District, which is listed in the National and State Registers of Historic Places, includes approximately 200 buildings, or more than half of all buildings located within the Village.

These buildings are also protected by Local Law #2 of 1985, which established a local historic district with the same boundaries as the National Register District and prevents buildings from being demolished in whole or in part unless a certificate of appropriateness (COA) is issued by the Village in accordance with strict demolition standards. A second ordinance, Local Law #1 of 1986, controls exterior alterations, repairs, and additions, establishing review criteria based upon the U.S. Secretary of Interior's Standards for Preservation. These standards are intended to assist the Village and its property owners to maintain the architectural integrity of Village buildings.

In the Town of Waterford, the Northside Historic District is located along the old Champlain Canal between the Village of Waterford's southern boundary and the Mohawk River.

It encompasses over 100 buildings situated on Saratoga Avenue, Museum Lane, Fulton Street and Canal Street. The Northside Historic District is also listed in the National and State Registers of Historic Places. The Town of Waterford does not have a local historic preservation ordinance or architectural review standards.

Other National and State Register-listed historic buildings and sites in Waterford include the Romanesque Revival style Ormsby-Laughlin Textile Companies Mill, Champlain Canal, and Peebles Island. Properties that are potentially eligible for the National and State Registers include the Erie Canal, remaining portions of King's Power Canal, Troy-Waterford (Union) Bridge, Cohoes Bridge, Ninth Street Bridge, Fourth Street Bridge, Second Street (Peebles Island/North) Bridge, Fulton Street Bridge, a large Greek Revival house north of the village on Hudson River Road, a barn on Fonda Road, and several residences scattered along Fonda Road near River Bend.

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Priority will be given to development of a Broad Street revitalization strategy, downtown and neighborhood design guidelines, and facade and streetscape improvements within the Village, Broad Street commercial district and Saratoga Avenue. An important aspect of these priority tasks will be to strengthen the physical and visual linkages between waterfront and downtown commercial areas, particularly within the Village.

This policy recognizes the importance of preserving and enhancing the historic resources of the Town and Village of Waterford.

Policy standards applicable to Policy 2 include the following:

2.1 Preserve, protect and enhance historic structures and landscapes in the Town and Village of Waterford from incompatible development.

As noted above, the Town of Waterford had not adopted any local laws regarding the protection of properties and districts listed in the National Register of Historic Places or requiring architectural design review.

In addition to the normal building permit requirement, the Village of Waterford's Local Law #2 of 1985 created a local historic district with boundaries corresponding to those of the National Register-listed Waterford Village Historic District. The local law requires certificates of appropriateness (COAs) for all demolitions, with the zoning inspector and zoning board of appeals reviewing COA applications. COA applications for demolition are generally denied unless the following criteria are met:

The retention of such structure constitutes a hazard to public safety which hazard cannot be eliminated by reasonably economic means;

The structure has no historic, architectural or aesthetic interest or value in and of itself and that its demolition would have no adverse impact upon any adjoining or neighboring structures having themselves historic, architectural or aesthetic interest or value;

There is no present reasonable economic use of the structure and no reasonable alternative economic use of the structure possible.

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Village of Waterford Local Law #1 of 1986 regulates the issuance of special permits for alterations, repairs, and additions to existing buildings. Such changes must be consistent with the following standards:

The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material and distinctive architectural features should be avoided when possible;

All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.

Changes which have taken place in the course of time are evidence of the history and development of a building structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplication of features.

The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.

Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, color, material, and character of the property, neighborhood or environment.

Historic materials should be retained and restored. Removal or covering of historic materials is to be discouraged wherever physically and/or economically practicable.

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Retention of original design, style, and size of windows, doors, and other openings in a facade of an existing structure is to be accomplished wherever practicable. Restoration of the historic appearance of such features is to be encouraged when they have been formerly altered.

Ornamentation in wood, masonry, or metal should be preserved and repaired on all facades. Missing elements should be restored when their configuration can be established.

In order to retain visual integrity, new construction shall be compatible with the architecture existing in the neighborhood. Harmony or incompatibility should be evaluated in terms of the appropriateness of materials, scale, size, height, placement, rhythm, texture and design of a new building or structure in relationship to surrounding historic buildings and structures and to the setting thereof.

The same local law also modified the Village's signage laws to include the following standards related to historic resources:

The removal or alteration of signs which are an historic part of the architectural fabric or historic character of the structure such as a date, name of the building, or name of an historic business once located there, shall be discouraged, and shall be subject to the approval of the Board of Appeals.

No sign shall be placed upon a balcony, porch, canopy, shed, roof, parapets (or similar appurtenance), door or window, etc., in any manner whatsoever so as to disfigure or conceal any architectural feature or detail of any building.

In addition to the stipulations set forth in these local laws, the Town and Village of Waterford will help preserve, protect and enhance historic resources through the following:

Preserving the historic character of residential, commercial and industrial buildings by protecting historic materials and features by making repairs or alterations using appropriate materials whenever possible;

Providing for compatible use of an historic resource while limiting and minimizing alterations to the resource;

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