5. NCS000465_Erosion Control Ord_20210202

Cr�� f232�,
STATE OF NORTH CAROLINA
COUNTY OF WAKE
INTERLOCAL AGREEMENT
BETWEEN
THE TOWN OF MORRISVILLE AND WAKE COUNTY
REGARDING ADMINISTRATION OF
EROSION AND SEDIMENTATION CONTROL ORDINANCE
This Interlocal Agreement (the "Agreement"), entered into this thea31j,olay of
,AVA Id- , 2019, by and between the TOWN OF MORRISVILLE, NORTH CAROLINA, being
a municipal corporation organized under the laws of North Carolina (hereinafter "Morrisville")
and WAKE COUNTY, NORTH CAROLINA, a public body politic and corporate of the State of North
Carolina (hereinafter "Wake"); collectively referred to herein as "the Parties",
WITNESSETH:
WHEREAS, construction site runoff controls is a minimum measure required by Morrisville's
National Pollutant Discharge Elimination System (NPDES) Phase II Stormwater Discharge Permit
issued by the North Carolina Department of Environment and Natural Resources; and
WHEREAS, the Wake County Erosion and Sedimentation Control Program complies with the
construction site runoff controls minimum measure; and
WHEREAS, Wake has long administered for Morrisville the provisions of Article 10. "Erosion
and Sedimentation Control" of the Wake County Unified Development Code ("E&S Ordinance"
or "Ordinance"); and
WHEREAS, Wake shall continue to administer in Morrisville's jurisdiction the E&S
Ordinance; and
WHEREAS, the parties pursuant to the authority of Chapter 160A-461 et seq. of the North
Carolina General Statutes and proper resolution by the governing body of Morrisville and the
Wake County Board of Commissioners are authorized to enter into this Agreement in order to
pursue the above stated goals.
NOW THEREFORE, for and in consideration of the premises and covenants contained in the
Agreement and the mutual benefits derived therefrom, the sufficiency of which is hereby
acknowledged, the Parties agree as follows:
Page 1 of 6

ARTICLE I
Purpose, Roles, & Responsibilities
1.01. Purpose: This Agreement shall define the terms under which Wake shall administer
and enforce in Morrisville's jurisdiction the E&S Ordinance (the "Wake Ordinance
that is the same as the E&S Ordinance administered and enforced in Wake's
jurisdiction).
1.02. Roles and Responsibilities of the Parties: From the "Effective Date" of this
Agreement (See Section 3.08)
(A) Wake shall:
1. Provide personnel, equipment, space, and resources needed to administer
the E&S Ordinance.
2. Administer the E&S Ordinance, including establishing and assigning all
duties of Wake employees necessary to administer the Ordinance, and do
so in a way that assures a common level of service for Morrisville and
Wake.
3. Collect development and administrative fees from developers applying for
erosion and sediment control approval within Morrisville's jurisdiction.
Such fees shall be assessed in accordance with the then current fee
schedule adopted by the Wake County Board of Commissioners and shall
be retained by Wake to pay for the costs of personnel, equipment, space,
and resources needed to administer the Ordinance.
4. Assess and collect in their discretion any civil penalties authorized by the
local Ordinance established in accordance with G.S. 143-214.5. . Any
penalties collected by authority of the State Agency shall be remitted to
the N. C. Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-
457.2 or as state law may require.
5. Communicate regularly with Morrisville to foster efficient and effective
administrative processes.
6. Develop with Morrisville a Work Plan that details the standard operating
procedures for communication, coordination, and implementation of the
erosion and sedimentation control program. The Work Plan shall be
reviewed and updated at least bi-annually.
7. Determine if the Ordinance meets the requirements set forth in (B)1
hereunder for the purpose of Wake's continued administration and
enforcement of the Ordinance under the terms of this Agreement.
(B) Morrisville shall:
1. So long as administration of this Ordinance by Wake is desired, enact and
abide by the Ordinance in its current form, or adopt by reference the
Ordinance in its current form and as it may be subsequently amended.
Nothing herein shall be construed to divest Morrisville of the discretion
and powers of its governing bodies; rather this provision defines the terms
under which Wake's administration of the Ordinance shall be practical and
efficient.
Page 2 of 6

2. Consider in accordance with legal process any future amendments
necessary to keep the Ordinance up to date for the jurisdiction of
Morrisville. Morrisville is required to notify Wake's Environmental Services
Director in writing of any proposed or approved amendments to the
Ordinance specific to Morrisville as soon as practicable but in no event
later than thirty (30) days before the date such item appears on the
Morrisville Town Council's agenda.
3. Communicate regularly with Wake to foster efficient and effective
administrative processes.
4. Develop with Wake a Work Plan that details the standard operating
procedures for communication, coordination, and implementation of the
erosion and sedimentation control program. The Work Plan shall be
reviewed and updated at least bi-annually.
ARTICLE II
Term
2.01. The term of this Agreement shall be for a period of five(5) fiscal years. The first year
hereunder shall commence on the first day of July 2019 and shall run through the end
of the then current fiscal year, with successive years hereunder to begin July 1 and
end June 30. The agreement will terminate on June 30, 2024 unless renewed by the
parties as set forth herein.
2.02. The parties may renew this Agreement for successive periods of five(5) years by the
written consent of both parties executed with the same formality herein.
2.03. Appropriations for the purposes established herein shall be established through the
normal budget and appropriations processes of Wake. Failure of the governing body
to adopt the budget ordinance or any capital project funding related to provision of
services hereunder prior to the commencement of a new fiscal year shall result in
termination of this Agreement effective for the next fiscal year with no requirement of
compliance with the notice provisions of Section 2.04.
2.04. In the event that either party in its sole discretion determines that the Morrisville
Ordinance no longer conforms with Section 1.02(B)1, herein, and either party
determines that as a result, administration and enforcement of the Morrisville
Ordinance is no longer feasible, then either party may terminate this Agreement
within ninety (90) days by giving notice as prescribed by Section 2.05 hereunder,
notwithstanding that the shorter time provision shall apply. At the execution of this
Agreement, the parties agree that the Morrisville Ordinance as written conforms with
Section 1.02(B)1. This section shall apply to changes or amendments to the
ordinance(s) made after the execution of this Agreement which either party may
deem non -conforming.
2.05. Wake and Morrisville shall each have the right to withdraw from this Agreement in its
entirety for any reason upon giving one hundred -eighty (180) days' notice to the
other party in writing and delivered to the other party as follows:
Page 3 of 6

For Wake: Joseph Threadcraft, Ph.D., P.E., Environmental Services Director
PO Box 550
Raleigh, NC 27602
For Morrisville: Kent Jackson, P.E., Town Engineer
100 Town Hall Dr
Morrisville, NC 27560
The roles and responsibilities of each party shall terminate 180 days after notice is
given by the withdrawing party in accordance with this Agreement unless otherwise
agreed by the written consent of the parties executed with the same formality as the
foregoing document.
ARTICLE III
Miscellaneous
3.01. Governing Law: The Parties agree that North Carolina law shall govern this
Agreement.
3.02. Severability: If any provision of this Agreement shall be determined to be
unenforceable by a court of competent jurisdiction, such determination will not affect
any other provision of this Agreement.
3.03. Entire Agreement, Amendments: This Agreement constitutes the entire Agreement
between the Parties. This Agreement shall not be modified or amended except in a
writing signed by all Parties and executed with the same formality as the foregoing
document.
3.04. Liability of Officers and Agents: No officer, agent, or employee of any Party shall be
subject to any personal liability by reason of the execution of this Agreement or any
other documents related to the transactions contemplated hereby. Such officers,
agents, or employees shall be deemed to execute this Agreement in their official
capacities only, and not in their individual capacities. This section shall not relieve any
such officer, agent, or employee from the performance of any official duty provided by
law.
3.05. Counterparts: This Agreement may be executed in several counterparts, each of
which shall be an original. Alternatively, each Party may execute an original of this
Agreement and all individually executed originals shall constitute a single Interlocal
Agreement.
Page 4 of 6

3.06. Assignment: No Party shall sell, transfer, assign, or subcontract any interest in or
obligation under this Agreement without the prior written consent of all of the Parties.
3.07. No Creation of Agency: Wake and Morrisville agree that nothing herein shall be
construed to create an agency relationship between Wake and Morrisville or to
mandate purchase of insurance by Wake pursuant to N.C.G.S. 153A-435; or to waive
Wake's defense of governmental immunity from any cause of action alleged or
brought against Wake for any reason if otherwise available as a matter of law.
3.08. Effective Date of Agreement: The effective date of this Agreement shall be the date
upon which the Wake County Manager executes this agreement and the Wake County
Clerk attests to such execution. This date shall be reflected in the first paragraph of
this Interlocal Agreement.
Page 5 of 6

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in their
corporate names by their duly authorized officers, all as of the date first above
written.
TOWN OF MORRISVILLE, NORTH CAROLINA
This instrument is approved as to form and
legal sufficiency.
By:
Martha Paige, Town Ma ger
R. Frank Gray, Town Attorn
ATTEST:
By:
Eric Smith, Town Clerk
CN
WAKE COUNTY, NORTH CAROLINA
This instrument is approved as to form and
legal sufficiency.
By:
David Ellis, County Manager
,,�'^;��Y O
S arren, County Attorney
ATTEST:
w S
2h
� C
is ent has been
4�� ��requiin ted in the Fiescal
By:
�Oill
by the Local Government Budge and
goo Control Act.
Denise Hogan, County Clerk
�FIEMIRECT�OR�
Page 6 of 6