A.
The Town intends to protect the scenic corridors along the Erie and
Champlain Canal Systems and Hudson and Mohawk Rivers, in accordance
with the Local Waterfront Revitalization Program (LWRP), the Town
of Waterford Comprehensive Plan as well as regional and state canal
and river plans and goals. The purpose of the district is to maintain
the undeveloped areas of the waterfronts and to provide a consistent
level of protection of the visual, environmental, and historic resources
within the LWRP boundaries.
B.
The Waterfront Overlay (WO) District has been overlaid onto existing
zoning districts. All provisions of the underlying districts remain
in full force, except where provisions of the WO District differ.
In such cases, the more restrictive provision shall apply. The principal
control mechanisms of the WO are construction setbacks from the waterline,
restriction on the removal of natural vegetation within an established
buffer zone adjacent to the waterline, restrictions on the removal
of natural vegetation within an established buffer zone adjacent to
the water, and performance standards governing land use activities
within the district.
C.
The specific purposes of this district include the following:
(1)
To preserve the existing community character and land use pattern;
(2)
To capitalize on opportunities to provide additional public access
to the Hudson and Mohawk Rivers and Erie and Champlain Canal systems;
(3)
To pursue funding sources for recreational improvements;
(4)
To maintain and improve the angling potential and water quality of
the Hudson and Mohawk Rivers;
(5)
To minimize potentially adverse land uses, environmental and economic
impacts that would result from proposed development; and
(6)
To protect stable residential areas.
The Waterfront Overlay Zone shall be the boundaries of the Local
Waterfront Revitalization Program. The Overlay Zone is delineated
on the Zoning Map. The Map entitled "LWRP Boundary" also illustrates
the boundary of the LWRP.
The underlying zoning district determines the permitted uses,
accessory uses, and special permit uses within the Waterfront Overlay
District. Underlying districts within the WO include R-75, R-100,
C-I, C-2, Industrial, Manufacturing, and Land Conservation.
A.
Setback requirements.
(1)
The minimum setback from the high-water mark of the Erie and Champlain
Canal shall be 75 feet for principal and accessory buildings.
(2)
The minimum setback from the high-water mark of the Mohawk and Hudson
Rivers shall be 100 feet for principal and accessory buildings.
(3)
Structures demonstrated to be directly related to canal and river
business/use may be authorized within the required setback distance;
in granting such authorizations, the Planning Board shall minimize
any adverse impacts by imposing reasonable conditions and restrictions
as are directly related to and incidental to the proposed use of the
property.
B.
Additional requirements and standards.
(2)
Development shall not interfere with or in any way prohibit, hinder,
or discourage the public use of trails along the canals and rivers.
Opportunities for trail links between recreational trails and proposed
pedestrian walkways in new developments should be established.
(3)
Density of development in the WO shall be the same as in the underlying
zoning district.
C.
Site plan review.
(1)
Any proposed principal building or any proposed or expanded paved
area of greater than 5,000 square feet that would be partially or
entirely located within the boundaries of the Waterfront Overlay shall
be submitted for review by the Planning Board.
(2)
The Planning Board shall review such use to determine compliance
with municipal ordinances or laws and to determine the compatibility
with the Local Waterfront Revitalization Program and the Comprehensive
Plan.
(3)
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 this chapter. In areas where such boundaries have not been established,
Town Planning Board shall use their discretion, using similar areas
elsewhere in Waterford as a guide. Residential uses shall be clustered
to maximize the use and enjoyment of open space.
(4)
Development that is proposed in the area along the Mohawk River above
and below Cohoes Falls: 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.
(5)
The following development guidelines shall be considered for all
proposed development within the Waterfront Overlay District requiring
Planning Board review:
(a)
All new development shall be integrated into the existing landscape
so as to minimize its visual impact and maintain the natural beauty
and environmentally sensitive shoreline areas, including steep slopes
through erosion control and the use of vegetative and structural screening,
landscaping, and grading. Existing vegetation shall be maintained
to the maximum extent feasible. Natural shoreline features shall be
stabilized primarily through maintenance of vegetation where needed.
The Planning Board will ensure that non-point-source pollution that
may be caused from new development is prevented or mitigated through
implementation of best management practices. These may include avoiding
development on steep slopes, limiting clearing in floodplains, and
using appropriate stormwater pollution prevention methods. Projects
shall be designed in ways that will result in the least potential
damage to wildlife and fishery habitats. The Planning Board may require
adequate buffers to be provided and maintained between wetlands and
adjacent uses.
(b)
All development shall have a pedestrian scale; e.g., street-side
and waterfront building facades shall be oriented to pedestrian passersby
and shall include plans to provide for pedestrian links to existing
trails, recreational areas, and waterfront areas to the maximum extent
feasible.
(c)
Ground floors of buildings for commercial use shall be encouraged
for such active uses as restaurants, retail, and indoor recreation,
especially when adjacent to public spaces.
(d)
Density pattern of new development shall complement current
adjacent development and the unique historic environment.
(e)
Length of proposed contiguous structures shall be planned so
as to establish and protect view corridors to the waterfront.
(f)
Coverage and building height requirements may be modified in
specific instances so long as the overall development is consistent
with goals and other design standards.
(g)
Development of new buildings should preserve the character of
existing streets and buildings.
(h)
Architecture and design of buildings, structures and spaces
shall be in keeping with the height, scale, density, and character
of adjoining neighborhoods. Street networks shall be continuous, pedestrian
friendly and facilitate public gathering spaces.
(i)
The overall facade shall have a simple and complementary pattern
to neighboring or typical buildings and shall be kept consistent across
the building front but may show deviation at important points to highlight
the center of the building or the entryway(s) to the building.
(j)
Facades shall be designed as to appear inviting from both the
street side and the waterfront side of the building without creating
a "back door" appearance to either side.
(k)
Site development shall also, to the maximum extent practical,
limit or minimize alterations to historic resources and ensure that
new features added to historic buildings are consistent with the historic
elements so that the size, scale, proportion, mass, and spatial relationship
are compatible with the historic resource, and that the design uses
materials, features, forms, details, textures, and colors compatible
with similar features of the historic resource.
