Section V

Section V
Local Techniques for Local Implementation of the LWRP

The Town and Village of Waterford have several tools with which to implement the LWRP. The following pages briefly describe existing implementation mechanisms, and list additional mechanisms appropriate for realization of local waterfront policy objectives.

A. Local Laws and Regulations Necessary to Implement the Local Waterfront Revitalization Program

Existing Local Laws and Regulations

1. Zoning Law (Town & Village)

Town: The Town of Waterford’s Zoning Ordinance was adopted in 1998. It divides the Town into nine zoning districts including three residential districts increasing in density (R-75, R-100 and Rural Residential), three commercial districts increasing in density (C-1, C-2 and C-3), and a manufacturing district (M-1), industrial district (M-2), and land conservation district (L-C). Although regulation relating to Rural-Residential this district is described in the Zoning Ordinance, the official zoning map does not show the Rural Residential district.

Most of the Town’s Hudson River, Champlain Canal, and Erie Canal (Waterford Flight) waterfront land lies within land conservation districts, with the depth of the district boundary varying from area to area approximately 10‘ to 500’. District use regulations for the L-C district are set forth in Article II, Section 161-16. The L-C districts are designed to include those areas where substantial development of the land in the way of buildings or structures is not desirable because of:

· special or unusual conditions of topography, drainage, floodplain or other natural conditions, whereby considerable damage to buildings or structures and possible losses of life may occur due to the process of nature, or the lack of proper public facilities or improvements results in land not being suitable for development at the present time, and where such facilities or improvements must be undertaken on an area-wide rather than individual-parcel basis in order to serve adequately at a reasonable cost to the Town of Waterford.

· land which has characteristics that are non-urban in their development, such as cemeteries and lands in the Barge Canal System.”

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Permitted uses in L-C districts include farms or other agricultural operations, including woodland and reforestation areas, nurseries, greenhouses and usual farm accessory buildings, not including dwellings or buildings housing farm animals or fowl; parks, playgrounds, athletic fields, golf courses, riding academies, game preserves and other similar uses, including usual accessory buildings; municipal or public utility buildings or structures; cemeteries; and New York State Barge Canal uses. No uses are allowed by special permit.

Except for the north end of Peebles Island, nearly all other waterfront lands in the Town of Waterford, including Mohawk River waterfront land south of the Waterford Flight, lie within R-100 residential districts. District use regulations for the R-100 districts are delineated in Article II, Section 161-12. Permitted uses are the same as those listed under R75 above. Special permits are required for private recreation areas or use of land involving archery target practice; pitch and putt areas; mobile home parks; and individual mobile homes.

The minimum lot size requirement for the R-100 district is 15,000 square feet for single family homes and non-residential uses; a 10,000 square foot base plus 10,000 additional square feet for each dwelling unit within a two-family and multi-family structure; 250,000 square feet for mobile home parks; and 15,000 square feet for individual mobile homes.

Non-residential exceptions include farms, which have a minimum lot size of 5 acres, and churches and convents, which have minimum lot sizes of 40,000 SF. The setback specifications are a minimum of 40 feet for single family homes and non-residential uses, and 50 feet for two-family and multi-family homes. The height of buildings is restricted to 50 feet for all uses in this district. Additional supplemental regulations in Article V relate to specific structure and lot size requirements.

Village: The Village of Waterford’s Zoning Ordinance was updated in 2000. It divides the Village into five zoning districts, including a Residence District; Residence S District; Residence M District; Senior Citizen Housing District; and Commercial District, all of which are outlined in Article III, §205-13 to 205-117. Area, bulk and height regulations are set forth in Article III, § 205-18, and performance standards for all districts are delineated in Article III, §205-13 through § 205-17.

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The Village is densely built up in both waterfront and inland areas, with existing uses generally stable. Nearly all Hudson River, Champlain Canal and Erie Canal (Waterford Flight) waterfront land lies within Residential zoning districts. Exceptions include a small portion of Hudson River waterfront near the northern boundary of the Village which is zoned Residential M and a small area at the western end of Broad Street along the Champlain Canal which is zoned Commercial.

Permitted uses in Residential districts include one-family dwellings; two family dwellings; multifamily dwellings (not exceeding four units); churches and similar places of worship, parish house, rectory or convent; public or private schools; federal, state or municipal public buildings or uses; public parks or playgrounds; places of businesses of physicians, dentists, attorneys, and undertakers; private clubs or lodges, except those of which the chief activity is customarily carried on as a business; and accessory uses associated with permitted uses. Special permits are required for private nursery schools, hospitals, rooming and boarding houses or tourist homes, and parking lots.

Permitted uses in Residential M districts include all uses allowed in Residential districts as well as retail stores, businesses or professional offices, banks or studios; restaurants and other places serving food and beverages; personal service venues (barber, beauty parlor, tailor or shoe repair); social, recreational or fraternal lodge or club; commercial recreation; automatic or coin-operated laundry or dry cleaner; a planned unit development, including multifamily housing of more than four units; and some industrial or manufacturing uses.

Permitted uses in the Commercial district include retail store, business or professional office, bank or studio; theater or motion picture house; restaurant or other place serving food or beverage or cocktail lounge; printing office or newspaper office; bowling alley; personal service shop (barber, beauty parlor, tailor or shoe repair); automatic or coin-operated laundry or dry cleaner or pickup station; social, recreational or fraternal club or lodge; and related accessory uses. Special use permits are required for assembly or dance halls; commercial recreation venues; and residential dwellings not exceeding four units.

Signage regulations are included in the regulations for each district.

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2. Flood Damage Prevention Law (Town and Village)

Flood damage prevention laws in the Town and Village of Waterford require permits for construction within flood hazard areas identified by the Federal Emergency Management Agency (FEMA). With such laws in place, property owners are eligible for purchase of subsidized flood damage insurance that would not otherwise be available. Projects within the flood hazard area are reviewed to ensure that hazards from flooding are minimized through appropriate standards concerning construction techniques and materials, siting, and protection and maintenance of drainage areas. The laws also require subdivision proposals to be consistent with the need to minimize flood damage. The law is administered by the Town Building Inspector and the Village Zoning Inspector. Appeals may be made to the Town and Village Zoning Boards of Appeal.

Flood damage prevention laws in the Town and Village of Waterford require that in all areas of special flood hazard, the following standards are required: anchoring to prevent floatation, collapse or lateral movement; use of construction techniques and building materials in all buildings that minimize flood damage (such as elevation of lowest floor above flood plain); and design of utilities and related equipment to prevent water infiltration. With regard to the subdivision of land in flood prone areas, all actions must be implemented in ways that minimize potential flood damage, have adequate drainage, and provide base flood elevation data for site plan review. In areas for which no flood elevation data is available (unnumbered A zones), all proposed development is analyzed to determine effects on the flood-carrying capacity of the areas of special flood hazard. Permits are required for all building undertaken in areas of flood hazard.

3. Sewer Ordinance (Town)

The Town of Waterford’s sewer ordinance regulates wastewater disposal procedures. These laws classify and regulate industrial and nonindustrial discharges and establish permit and pre-treatment requirements. Untreated sewage discharges into natural outlets are prohibited. Developments are required to connect to public sewers. Storm water discharges must be discharged into designated combined sewers, storm sewers, or natural outlets.

The Village of Waterford does not have a sewer ordinance.

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4. Historic District Law (Village)

The Village of Waterford’s Historic District law establishes a local historic district within the Village, regulates building demolition, and includes enforcement procedures. The local historic district has the same boundaries as the Waterford Village Historic District, which is listed in the National Register of Historic Places. Property owners wishing to alter or demolish buildings or structures within the historic district must obtain a Certificate of Appropriateness from the Village’s Zoning Board of Appeals; certificates for demolition are only issued if economic hardship is proven.

In addition, in accordance with Section 205-33C(4) of the Zoning Ordinance, the Zoning Board of Appeals issues permits supplementing application approval from the Zoning Inspector for alterations, repairs and additions to existing buildings. Permits are issued based on review standards similar to those established by the Secretary of Interior.

The Town of Waterford does not have a local historic preservation ordinance. However, a number of buildings along Saratoga Avenue and in the adjacent neighborhoods are part of the Northside Historic District, which is listed in the National Register of Historic Places.

5. Subdivision Regulations (Town)

The Town of Waterford adopted subdivision regulations in 1984. The subdivision regulations provide the structure for the Planning Board to review and mitigate any subdivision proposal within the Town limits. The Planning Board has the opportunity through the subdivision process to guide future growth and development with the aid of zoning, and to negotiate changes to the site plan for the improvement of the Town and its physical well-being (sewers, water and streets), as well as the aesthetic improvement (setbacks and landscaping).

In addition, in accordance with Section A166-18 of the subdivision regulations, all developers must provide at least three acres per 100 dwelling units for parks, open space and natural features. The subdivision regulations also require developers to compensate the Town if the required portion of the total area would not be useful for a public purpose. Section A166-18B(6) stipulates that unique and scenic areas and those areas bordering streams, lakes or other watercourses may be given special consideration by the Planning Board if they are desirable for public open spaces.

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This section includes compensation of the developer if the open space area exceeds the minimum land contribution for subdivisions.

The Village of Waterford has not adopted subdivision regulations, but is generally built out and unlikely to be further subdivided.

6. Site Plan Review (Town)

The Town of Waterford adopted a site plan review ordinance in 1986. This law authorizes the Planning Board to review and approve or disapprove site plans for all new land use activities within the Town, except for some landscaping or grading; construction of one- or two-family dwellings and ordinary accessory structures; ordinary repair or maintenance or interior alterations to existing structures or uses; and exterior alterations or additions to existing structures which would not increase the square footage of the existing structure by more than 25%, having a cost of less than $10,000.

A sketch plan review conference is required, a site plan review checklist is set forth in Section 131-8, and detailed site plan review standards are set forth in Section 131-10, including the following:

a. The location, arrangement, size, design and general site compatibility of buildings, lighting and signs.

b. The adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.

c. The location, arrangement, appearance and sufficiency of off-street parking and loading.

d. The adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic, and overall pedestrian convenience.

e. The adequacy of storm water and drainage facilities.

f. The adequacy of water supply and sewage disposal facilities.

g. The adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between the applicant’s and adjoining lands including the maximum retention of existing vegetation.

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h. The adequacy of fire lanes and other emergency zones and the provision of fire hydrants.

i. Special attention to the adequacy and impact of structures, roadways, and landscaping in areas with susceptibility to ponding, flooding, and/or erosion.

j. Overall impact on the neighborhood, including compatibility of design considerations.

The Village of Waterford does not have a site plan review ordinance. However, Chapter 44 of the Municipal Code authorizes the Planning Board to adopt subdivision rules and regulations and to review and approve or disapprove applications for site plan review. The Planning Board currently conducts site plan review for the siting of Senior Citizen housing facilities.

See New or Revised Local Laws or Regulations section below for the Village’s proposed site plan review law.

7. State Environmental Quality Review - SEQR (Village)

The Village of Waterford adopted a local SEQR ordinance in 1977. This law requires environmental impact statements to be prepared in accordance with NYS DEC regulations with opportunity for public review and comment.

New or Revised Local Laws and Regulations

1. Waterfront Consistency Law (Town and Village)

The Town and Village of Waterford will each adopt a Local Waterfront Consistency Law to ensure that the actions of its respective agencies are consistent with the policies and purposes of the LWRP.

2. Site Plan Review Law (Village)

A Site Plan Review ordinance will be adopted by the Village of Waterford to control certain new construction and alterations in the Village. The site plan review ordinance will also contain appropriate definitions and review criteria for proposed waterfront projects.

3. New Definitions for Zoning (Town and Village)

The Town and Village will each amend their zoning regulations to include new definitions related to waterfront revitalization.

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4. Waterfront Overlay Districts (Town and Village)

The Town and Village of Waterford will each amend their Zoning regulations to include new waterfront overlay districts. These laws will set forth the purposes of the LWRP, definitions, allowed uses within waterfront areas, site plan review process for waterfront parcels and review standards designed to encourage expanded public access to waterfront areas and aesthetic improvements in these areas.

5. Zoning Map Amendment (Town)

The Town of Waterford will amend its zoning map to change the zoning classification of that portion of Peebles Island zoned manufacturing to land conservation. The Town will update its official zoning map to reflect this change.

B. Other Public and Private Actions

1. Town of Waterford

Physical Improvements

Park and Trail Improvements

Since the mid-1990s, the Town and Village have completed numerous waterfront trails and improvements, including a new visitor welcome center, waterfront promenade and floating docks along the Erie Canal in the Village, and development of the Champlain Canal Trail.

These projects have considerably expanded public access to waterfront areas. However, in keeping with the RiverSpark Heritage Area Management Plan, Hudson River Greenway Plan, and many similar documents, the Town would like to build on these projects to create a linked system of waterfront trails which would encompass, and provide recreational opportunities along, the entire length of the Mohawk River, Erie Canal and Champlain Canal waterfronts.

To achieve this vision, the Town will work with the Village of Waterford, the New York State Canal Corporation, the New York State Department of State Division of Coastal Resources, the New York State Office of Parks, Recreation and Historic Preservation, RiverSpark Heritage Area, Hudson River Greenway, Champlain Valley Heritage Corridor, Mohawk Valley Heritage Corridor, Erie Canal Heritage Area, Hudson River Heritage Area, and appropriate others to complete the following projects:

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· Champlain Canal Trail Extension: The Town will work with appropriate public, private, and nonprofit agencies as outlined above to extend the Champlain Canal Trail to the Town’s northern boundary.

· Erie Canal Locks 2- 6 Pedestrian Trail and Park Enhancements: The Town will develop a pedestrian trail extending from Lock 2 park to Lock 6 along the Erie Canal. The project includes construction of two pedestrian bridges, brush clearing, grading, surfacing, and installation of amenities such as benches, trash receptacles, and way-finding and interpretive signage.

· Northern Mohawk River Trail (Waterford - Halfmoon): The Town will work to develop a waterfront trail from the NYS Boat Launch (Alcathy’s) near Erie Canal Lock 6 to the Town’s northern boundary. The project includes brush clearing, grading, surfacing, and installation of amenities such as benches, trash receptacles, and way-finding and interpretive signage.

· NYS Boat Launch (Alcathy’s) Enhancement: The Town will work to enhance the boat launch area and establish it as a “hub” and trail head on the Northern Mohawk River Trail. Improvements will include interpretive signage, way-finding signage, additional seating, and similar amenities.

· Clement Park Overlook Enhancements and Cohoes Falls Trail: The Town will work with adjoining property owners and the agencies described above to negotiate easements along the Mohawk River waterfront, obtain insurance, and design and develop a formal Cohoes Falls Trail and Clement Park Overlook. The trail will include amenities such as seating, trash receptacles and interpretive and way-finding signage regarding both the Cohoes Falls and the architecture and industrial archeology of Cohoes and the Harmony Mills complex. Clement Park would be rehabilitated and/or enhanced to serve as a formal “hub” and trail head, with selective tree pruning and thinning to allow better views across the Mohawk River. It is anticipated that the Cohoes Falls Trail will eventually extend from Saratoga Avenue to the Waterford Flight, connecting with the proposed Northern Mohawk Trail, trail between Locks 2-6, and other trails.

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Gateway & Facade Improvements

Saratoga Avenue and Routes 4/32 represent important “gateways” that bring existing residents, visitors and potential residents and investors into the Town and Village. These corridors should be enhanced to present a better first impression, with enhancements designed to draw people into key commercial, recreational and cultural amenities in the Town and Village. Enhancements will include façade improvement, particularly along Saratoga Avenue; streetscape improvements such as sidewalks, lighting, street furniture and directional signage.

· Northern and Southern Gateway Improvements/Saratoga Avenue Façade and Streetscape Improvements: The Town will work with the NYS Office of Parks, Recreation and Historic Preservation and the NYS Department of Transportation to develop and implement a façade and streetscape improvement program along the Saratoga Avenue corridor as a welcoming gateway to Waterford. Gateway improvements will also be made along Routes 4/32 from the Town of Halfmoon. To strengthen gateway and façade improvement efforts, the Town will consider adopting a local historic preservation ordinance to better protect properties in the National Register-listed Northside Historic District.

Adaptive Use/Redevelopment

Several underutilized and vacant sites and structures represent excellent opportunities to stimulate economic growth within the Town and Village. To capitalize on potential opportunities, the town and village will continue to work with property owners, state agencies, funders, and prospective investors to implement appropriate redevelopment strategies. The Town and Village will encourage redevelopment to take advantage of waterfront locations and include elements that will increase public access to the waterfront.

· Redevelopment of Underutilized/Vacant Sites: The Town will continue to work with the NYS Department of Environmental Conservation, U.S. Environmental Protection Agency and NYS Department of State Division of Coastal Resources to monitor, remediate and redevelop underutilized and vacant sites between the Champlain Canal and Saratoga Avenue.

· Inn and Restaurant at the Point: The Town and Village will continue to work together to develop a hotel and restaurant to complement recently completed canal harbor improvements and stimulate economic development. Assistance will be sought from the NYS Canal Corporation, the New York State Department of State

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Division of Coastal Resources, and NYS Office of Parks, Recreation and Historic Preservation.

· Reuse/Redevelopment of Ursula of Switzerland: The Town will assist Ursula of Switzerland to redevelop the former Ormsby-Laughlin Textile Mill. Redevelopment may include conversion of existing industrial mill space into mixed uses such as hotel, retail and offices.

Heritage Tourism Improvements

Continuing implementation of numerous waterfront revitalization projects has made the Town and Village of Waterford an appealing and increasingly popular heritage tourism destination. However, additional efforts are needed to facilitate and enhance visitor experiences. The Town and Village will work with the New York State Canal Corporation, the New York State Department of State Division of Coastal Resources, the New York State Office of Parks, Recreation and Historic Preservation, RiverSpark Heritage Area, Hudson River Greenway, Champlain Valley Heritage Corridor, Mohawk Valley Heritage Corridor, Erie Canal Heritage Area, Hudson River Heritage Area, and appropriate others to complete the following projects:

· Waterford Historical Museum Site Improvements: The Town will assist the Waterford Historical Museum to implement site improvements and additional signage designed to establish the Waterford Historical Museum as the southern ”hub” and trail head for the Champlain Canal Trail.

· Directional and Interpretive Signage: The Town will continue working with various organizations with an interest in heritage tourism to develop an effective system of way-finding and interpretive signage along gateway corridors, streets linking the Broad Street commercial area and waterfront, and the waterfront trail system.

2. Village of Waterford

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These projects have considerably expanded public access to waterfront areas. However, in keeping with the RiverSpark Heritage Area Management Plan, Hudson River Greenway Plan, and many similar documents, the Village would like to build on these projects to create continue improving the physical and aesthetic linkages between the downtown commercial area and waterfront areas, and to complete numerous improvements that will enhance Waterford’s position as a destination for shopping, tourism, recreation, and other activities.

To achieve this vision, the Village will work with the Town of Waterford, the New York State Canal Corporation, the New York State Department of State Division of Coastal Resources, the New York State Office of Parks, Recreation and Historic Preservation, RiverSpark Heritage Area, Hudson River Greenway, Champlain Valley Heritage Corridor, Mohawk Valley Heritage Corridor, Erie Canal Heritage Area, Hudson River Heritage Area, and appropriate others to complete the following projects:

· Facade and Streetscape Improvement Projects - The Village will implement the recently funded Design Guidelines and Streetscape Improvement Program and will subsequently work with public and private sector partners to establish residential and commercial facade improvement and building rehabilitation programs. This project includes public outreach and education to give property owners and local officials a better understanding of the link between good design and economic revitalization. As part of the design guidelines adoption process, the Village will review and consider updating local historic preservation laws.

· Champlain Canal Lock 5 Restoration - The Village will restore Champlain Canal Lock 5 as an interpretive destination along the Champlain Canalway Trail.

· Parking Study and Implementation -The Village will secure a consultant to determine how to best manage and expand parking opportunities and develop an implementation strategy for improved parking conditions. Strategies may include creation of additional off-street parking, alley parking, shared parking arrangements, etc.

· Peebles Island Gateway Improvements - The Village will work to complete streetscape improvements along Second Street in conjunction with bridge repair work. Gateway improvements will include directional signage, repaving, curbs, sidewalks, striping, lighting, and street furniture and will be designed to encourage movement between Peebles Island, waterfront areas and the Broad Street commercial area.

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· Welcome Center Improvements - The Village will continue to seek grant funding to complete planned Welcome Center improvements such as interpretive murals, additional exhibits, and signage.

· Tugboat Buffalo Restoration and Interpretation - The Village will continue to seek grant funding and assist volunteers with the restoration and interpretation of the Tugboat Buffalo.

· Welcome Center/Waterford Museum Visitor Services Program - Welcome Center staff and volunteers will work with Waterford Museum staff to develop and operate a summer visitor services program. The program will train volunteers who will greet, direct and assist visitors while traveling along Broad Street, Champlan Canalway Trail, the waterfront promenade and other locations.

3. Other Local Organizations

The Town and Village of Waterford will need continuing assistance from several existing and potential local partners to implement many of the projects described here. Specific organizations and assistance will include:

· Waterford Historical Museum - The Town and Village will need support and collaboration from the Board of Trustees and staff of the Waterford Historical Museum. The museum has the potential to become an important hub along the Broad Street/Saratoga Avenue corridor, while at the same time helping to connect the Mohawk River and Champlain Canal waterfronts to the Hudson River and Erie Canal. Improvements would focus on “cleaning up” Museum Lane, improving the parking lot, adding interpretive signage, and similar projects.

· Niagara Mohawk - The Town and Village will need assistance and collaboration from Niagara Mohawk with regard to trail development along its Mohawk River right-of-way.

· Local Banks - Financial assistance from local banks may be needed to provide seed capital and/or incentives for selected projects such as residential and commercial façade improvement.

· Local Property Owners and Businesses - Financial contributions from local property owners and businesses may be necessary to provide match funding for specific projects such as residential and commercial façade improvement, and key elements of other projects in which private donations of goods or services may be important to implementation.

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4. New York State

Timely completion of many of the projects listed above will depend on funding and technical assistance from various New York State agencies, including the NYS Department of State, NYS Department of Environmental Conservation, the NYS Office of Parks, Recreation and Historic Preservation, the NYS Thruway Authority and Canal Corporation, and Hudson River Valley Greenway. Assistance from these agencies will be needed to fund additional waterfront trail development, park improvements in key waterfront areas, interpretive signage, as well as secure easements from private property owners.

5. Private Actions

Funding and cooperation is needed from private property owners and developers for a number of waterfront projects, including trail development in locations mentioned above, the Inn and Restaurant at the Point, reuse/redevelopment of Ursula of Switzerland, facade and building restoration, and redevelopment of underutilized/vacant sites along the Champlain Canal.

· Northern Mohawk River Trail - The assistance of property owners will be needed to expand public access and recreational opportunities in the future. The Town can work with the Hudson River Greenway to secure easements for pedestrian trail right-of-ways as well as insurance for property owners.

· Cohoes Falls Trail - The assistance of property owners will be needed to expand public access and recreational opportunities in the future. The Town will work with the Hudson River Greenway to secure easements for pedestrian trail right-of-ways as well as insurance for property owners.

· Champlain Canal Trail Extension - The assistance of property owners, particularly General Electric, will be needed to expand public access and recreational opportunities in the future. The Town will work with the Hudson River Greenway to secure easements for pedestrian trail right-of-ways as well as insurance for property owners.

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