Planning Accord

PLANNING ACCORD FOR TUG HILL (PATH)
A 16-town Plan
for the Future of the Cooperative Tug Hill Council Area
2009

INTRODUCTION

Our Purpose Is Retaining Tug Hill’s Character through Home Rule

This PLANNING ACCORD FOR TUG HILL, referred to as the ACCORD in most of the rest of this document, is a guide for what we want our area to be in the years ahead. It is intended to serve as a statement of shared goals for each of our member towns to use in shaping their individual town plans, land use controls, and other decisions that will influence what our communities will be.

We drafted a PLANNING ACCORD FOR TUG HILL under the authorization of our intermunicipal agreement as revised in 1991. Our intermunicipal agreement is authorized under Article 5-G of New York State’s General Municipal Law.

Our intermunicipal agreement, signed by all our member towns, lists among its objectives: 1) creating a plan (this ACCORD) for our area, 2) retaining Tug Hill’s rural character through home rule, 3) providing technical and project review assistance as requested to member towns when development is proposed in designated special areas, and 4) providing project review services to member towns when projects are proposed a) in town-designated special areas on or near town boundaries, or b) that are of Cooperative Tug Hill Council area wide impact.

We are firmly committed to home rule. Action taken on goals listed in the ACCORD should be taken by towns. The Cooperative Tug Hill Council would only provide advice to towns when asked, or when proposed development would occur in special areas at town boundaries or would have an effect on other towns that are members of the Council.

To support the principles of democracy we hold dear, it is essential that home rule be preserved in acting on these goals; that decisions stay as close to the people affected as possible. In our 1976 plan, we said it this way:

Tug Hill people feel that whatever planning and regulating is done, should be done by the towns. They feel they know the natural and other values of the area best and are capable of taking care of its future. At stake is the principle of “home rule” which the Cooperative Tug Hill Planning Board values highly.

That is as true today as it was in ’76.

We Reaffirm Our Goals Of ’76

In 1976, nine of our towns, then joined together as the Cooperative Tug Hill Planning Board, developed a RESOURCE MANAGEMENT PLAN that laid out a set of goals for our area that hold true today. This ACCORD adds to those goals, based on new information we have about our area and its natural resources, and based on additional public comment over the past several years. It also updates the original plan by adding the seven towns that have joined the Council in the intervening years.

In the 1970s, we developed our goals through public meetings held by the Tug Hill Commission and numerous town and council meetings. Over the past years, the Tug Hill Commission has held additional public forums on the future of the region, and the Cooperative Tug Hill Council has held numerous open meetings with member town boards in developing and adopting our new intermunicipal agreement, and in developing and approving state legislation that would recognize our ACCORD.

Those meetings have identified new trends and additional concerns that have been incorporated in the goals as stated here in the ACCORD.

THE TUG HILL RESERVE ACT

Overview of the Act

The Tug Hill Reserve Act (Chapter 486 of the Laws of 1992) recognizes that the Tug Hill region has statewide and national significance because of water, wildlife, forest, farm and recreational resources.  The act provides for protection of those resources through the preparation of a local reserve plan by a council of governments in the Tug Hill region.

Once a local reserve plan has been completed, public agencies proposing development or reviewing development that could 1) directly affect a special area designated in a local reserve plan, and 2) change the nature of the town or village in which the development takes place, must consult with the affected towns or villages regarding the development’s consistency with the local reserve plan.

While councils of governments play a crucial role in the Tug Hill Reserve Act, all key decisions and powers stay with the participating towns and villages. Towns and villages decide to be part of the local reserve area or not; they designate special areas; they provide the real teeth of the reserve act through their local land use controls and environmental review.

The Tug Hill Reserve Act applies to any council of governments in the Tug Hill region as defined in law, including the Cooperative Tug Hill Council.

The Act requires that a council of governments designate the boundaries of a local reserve area, as an agent for towns and villages working together.  Of course, the choice of being part of a reserve area is strictly up to the individual towns and villages involved.

Local Reserve Plan

A local reserve plan has five main elements:
1.  a goal statement approved by all participating municipalities,
2.  compatible and incompatible land uses,
3.  criteria for the designation of special areas,
4.  development review procedures,
5.  a map showing each town or village designated special area.

The final plan is filed by the council of governments with the state’s Secretary of State and any state and local government entities likely to carry out or review actions under the Act.

The existence of a local reserve plan or special area does not in itself mean a particular project will be denied or approved. They do not stop eminent domain proceedings or other governmental actions.  Their existence does mean that a Tug Hill local government has determined a resource is important, and that state law requires consultation with the local government that has designated special areas, because of the importance of certain Tug Hill resources (as determined locally) to the State of New York.  The idea is similar to the state’s SEQR (State Environmental Quality Review Act) in that it requires a certain process, not a certain decision.

Special Areas

Special areas are the driving force of a local reserve plan. Special areas are designated only by the towns or villages in which they occur.

The council of governments preparing the local reserve plan would normally assist a participating town by developing criteria for special area designation, but leaving all decisions to the town or village.  The council would also facilitate meetings between neighboring towns to help work out special area boundaries where they come to town or village lines.

The Act gives examples of special areas.  Specifically mentioned are gulfs; important habitat areas; large, contiguous forest areas; core forest; major river or stream areas; important headwater areas; important groundwater areas; important historic areas; important scenic areas.  Other features may be identified as special areas in a local reserve plan.

Special area designation is done by the adoption of a resolution of a town or village board, following a public hearing.

The Tug Hill Reserve Plan and the Accord

This ACCORD acts as the goals statement for the Tug Hill Reserve Plan of the CTHC.  This ACCORD also includes development review procedures which were adopted by the Council on 5 May 1994 (See Appendix 2).  A “Special Areas Guidelines Workbook” establishing criteria for the designation of special areas and recommended local protection measures has been prepared by the Council, and upon adoption, will be part of this reserve plan by reference.  A map showing the special areas adopted by the towns and villages of the CTHC has been adopted and updated by the Council, and is included in this reserve plan by reference.

GOALS

The Cooperative Tug Hill Council Area Is Rural and Remote

The Cooperative Tug Hill Council area encompasses sixteen towns in the center of the Tug Hill region as designated in state law.  Those towns are:

BOYLSTON, FLORENCE, HARRISBURG, LEWIS, LEYDEN, LORRAINE, MARTINSBURG, MONTAGUE, OSCEOLA, PINCKNEY, REDFIELD, RODMAN, TURIN, WEST TURIN, WILLIAMSTOWN, WORTH

The 16-town core area covers about 890 square miles, with a population of about 13,300.  Much of the population of our towns is located in the villages and hamlets at the edge of our area, with the center of our area being mostly forest land used for hunting camps, fishing, logging and snowmobiling.

All of our area is rural.  The forested core is remote. The core supplies headwaters of Fish Creek, Sandy Creek, and the Mohawk, Mad, Salmon, Sugar and Deer Rivers. Streams flow off of the eastern escarpment and out through gulfs, adding to the flow of the powerful, working Black River.  The core’s vast forests make fishing, hunting and trapping a key part of our way of life.

Tug Hill’s wealth of water and woods comes primarily from its plentiful rain and snow.  Rising from Lake Ontario to the west, Tug Hill reaches 2,000 in elevation, wringing rain and snow from the moisture drawn up from the Lake.  This precipitation makes the core the wettest part of New York State, as well as the snowiest place in the eastern US.

Tug Hill Is Vital To Our and Neighboring Economies

Our forests and waters are not only vital to our way of life; they sustain our livelihoods and those of our neighbors.

Tug Hill water supplies many surrounding villages and the cities of Rome and Oneida. Our Fish Creek is the main source of pure water for Oneida Lake, the largest lake completely within New York State, and its vital fisheries. It also supplies Rome’s drinking water.  Our Salmon River supports some of the finest sport fishing in the world as its reaches Lake Ontario.  The Tug Hill Aquifer sustains communities from Camden to Adams, and supplies some of the state’s purest water essential to the Salmon River state fish hatchery and industries, such as technical paper and dairy plants that require absolutely pure water.

About 90 percent of our lands are forested.  These forests support saw mills in the area, and large mills at the edge of the area.  Much of this forest land is owned in large, private parcels — some owned by industry, but most individually owned in acreages of several hundred to a few thousand acres. This ownership increases the likelihood that it will continue to be used to produce pure water and forest products, and that it will be available for hunting, fishing and trapping through leasing to sportsmen’s clubs.

Growth and Change in Our Area

Our area has seen growth during the past several decades.  Fortunately, much of that growth has been guided by the land use controls most of our member towns put in place more than two decades ago.  We have seen signs however that our earlier measures need refinement as we learn more about the value and location of our natural resources.

We are not opposed to growth. We support planned growth in our communities so long as it does not damage our natural resources; our livelihoods; our opportunities for hunting, fishing, and recreation; and does not raise the cost of government unreasonably.

Our area has changed dramatically over the past century.  One hundred years ago, most of our towns are at their peak populations.  Roads that now have no development, or just scattered camps, had year-round homes, schools, cheese plants and sawmills lining the way.  Our harsh climate, poor soils, and a changing economy eventually forced many down off “the Hill”. Populations declined until growth started again after World War II.  Not until 1970 did most of our towns have populations that equaled those of the 1800s.

In the twenty year period between 1980 and 2000, our population has grown five percent in our sixteen towns and four villages, according to the Census Bureau.  In the nine years since the 2000 census, it is felt that it has grown significantly more.

Forces other than population growth are more likely to bring change in the near future.  For example, the forests and waters of our area are threatened by the economic forces that are leading to the breakup of forestlands elsewhere in the Northeast. In addition, our low population density has made some think our area is best suited for waste disposal.  To retain our forests and clean waters, and thereby our way of life and economy, we developed this ACCORD.

Goals for Our Future

1.0    Retain the quality of our area’s surface and groundwater. These waters are essential to providing individual and municipal water supplies. They are essential to many industries of our area. They are important to retention of fishing opportunities and wildlife habitat.

1.1     Discourage adverse development near major wetlands and concentrations of wetlands.
1.2     Discourage adverse development near major stream corridors.
1.3     Discourage adverse development near significant springs, wellhead areas of water supply systems, and aquifers.
1.4     Identify and map town-by-town major wetlands, concentrations of wetlands, major stream corridors, significant springs, water supply well head areas, and aquifers.
1.5     Share information on water resources among CTHC towns.
1.6     Raise awareness of the importance of Tug Hill waters.

2.0    Retain major forested areas most important to forest industry, hunting, fishing, and other types of recreation.
Major blocks of forest land on Tug Hill are not only important for retaining the area’s economy and recreation opportunities, they are also important in providing wildlife habitat and the very character of the area.  In addition, Tug Hill’s vast reaches of forest are key to maintaining the purity of its waters and to controlling rates of runoff.

2.1     Identify major forested areas on a town-by-town basis.
2.2     Discourage subdivision and development that would take major forested lands out of productive use for forest industry, hunting, fishing and other types of recreation.
2.3     Discourage unreasonable local restrictions on forestry activities that adversely affect businesses in and near the area.
2.4     Encourage forestry-related businesses in and near the area as a means of maintaining a healthy economy, and as a means of retaining large parcels of forestland.
2.5     Share information on major forested areas among member towns.
2.6     Encourage educational programs that show the importance of forested lands to the area’s environment, economy and recreational opportunities.

3.0    Retain the area’s most important wildlife habitat and unique areas to conserve hunting, fishing, and recreational opportunities, and to help retain the character and biological richness of our area.

Important wildlife habitat areas and unique areas such as our gulfs are a significant part of the character of our heritage, and can provide important recreational opportunities.  They also are of great importance to our economy because of the economic contributions hunting and fishing make to the area, and the economic benefit that comes from the viewing of wildlife and scenery by snowmobilers, skiers, hikers, motorists, and others.

3.1     Discourage adverse development in important wildlife and plant habitat areas, and in and near gulfs.
3.2     Support town-by-town identification of important wildlife habitat and unique areas. Encourage further research to identify such areas.
3.3     Share information on important wildlife habitat and unique areas among member towns.
3.4     Encourage educational programs regarding the importance and benefit of habitat and unique areas for use in schools and with civic and adult groups.

4.0    Retain area’s existing farms and best farm soils for farm production.  Local action alone cannot retain our farms. This depends on the individual actions of our farmers, the natural economy and state and national farm policy.  Locally, we can take actions that help keep good farm land from inappropriate development and help farm diversification.
4.1     Support town-by-town identification of important farm lands, and updates of existing farm land inventories.
4.2     Support town actions to update land use controls that would limit farm lands being taken out of production.
4.3     Support voluntary actions taken by individual farmers to keep their farms in production, through tools such as ag districts, and ag land assessments.
4.4     Support programs to help strengthen dairy farming and to help farmers that wish to diversify their operations.
4.5     Share information on important farm lands between CTHC member towns.
4.6     Encourage educational programs that demonstrate to school students and adults the importance of farming to our area.

5.0    Retain private and public hunting and fishing opportunities, and other outdoor recreational activities, in our area.
5.1     Support voluntary actions, of private landowners to improve hunting, fishing and other recreational access to public lands designated for these uses, such as the sale of access easements, or involvement in fish and wildlife cooperator programs.
5.2     Discourage actions that would lead to the subdivision of lands important to hunting, fishing and other recreation where that subdivision would remove lands from such use.
5.3     Identify areas important to recreation on a town-by-town basis. These might include designated public motorized and nonmotorized recreation trails, public roads opened for recreational trail use, and parking areas.
5.4     Encourage educational programs that demonstrate the importance of hunting, fishing and recreation to our way of life and our area’s economy. Also encourage educational programs and appropriate law enforcement to protect private property rights and to provide safe hunting, fishing and other recreational opportunities.

6.0    Retain historic sites and structures that are important to the character of our area.
6.1     Assist member towns in the identification of historic sites and structures on a town-by-town basis.
6.2     Share information on historic sites and structures among member towns.
6.3     Discourage development that would diminish the quality of historic sites and structures through town planning and land use controls.

7.0    Control the costs of public road maintenance.
7.1     Discourage new public roads into or across remote areas not now served by public roads, especially in the core forest of our area, in areas that would lead to the breakup of lands important to forest management, wildlife, farming, hunting, fishing and other recreation.
7.2     Identify on a town-by-town basis portions of roads that might be appropriate for some form of abandonment, minimum maintenance designation, or seasonal use designation.  Share this information among member towns.
7.3     Support state legislation that would limit town responsibilities for maintenance on designated remote roads.
7.4     Assist member communities with information about and the carrying out of low-volume road designation, minimum maintenance road designation, and official road mapping.

8.0    Help keep village and hamlets good places to live.
8.1     Share information among member towns on actions that could be taken to enhance water, sewer and recreational services, to include grants to assist in improvements.
8.2     Assist member towns in planning for village and hamlet improvement projects, to include applying for grants to assist in such work.