07 C Cornelius Interlocal Agreement

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STATE OF NORTH CAROLINA STORM WATER MANAGEMENT PROGRAM
INTERLOCAL AGREEMENT
COUNTY OF MECKLENBURG TOWN OF CORNELIUS
AMENDED AND RESTATED STORM WATER MANAGEMENT PROGRAM
INTERLOCAL AGREEMENT
THIS AMENDED AND RESTATED AGREEMENT made as of October 15 , 20017Y and
between MECKLENBURG COUNTY, political subdivision of the State of North Carolina
(hereinafter "County") and the TOWN OF CORNELIUS, North Carolina, a municipal
corporation of the State of North Carolina (hereinafter "Town"),
WITNESSETH:
WHEREAS, in 1993 the Town and County executed an "Storm Water Management
Program Interlocal Agreement", which Agreement the parties desire to amend and restate; and
WHEREAS, the purpose of this Agreement is to recognized that a single storm water
system exists in Mecklenburg County, and that the goal of the Town of Cornelius and
Mecklenburg County is to provide comprehensive storm water services in an efficient, effective,
and equitable manner; and
WHEREAS, North Carolina General Statutes 153A-277 and 160A-314 r equine that no
storm water service fee may be levied whenever two or more units of local government operate
separate structural and natural storm water and drainage system services in the same area within
a county unless units of local government allocate among themselves the functions, duties,
powers, and responsibilities of jointly operating a single system within the same area; and
WHEREAS,
the Town and County currently have certain
distinct
responsibilities in
connection with the
operation maintenance and financing of separate
systems;
and
WHEREAS, the purpose of this Agreement is to continue the single storm water public
enterprise created by the parties in 1993 in Mecklenburg County, to allocate storm water
responsibilities, and to establish the method and responsibilities for financing and operating a
single, comprehensive storm water quantity and quality management program in Mecklenburg
County as set forth in the Storm Water Management Plan consisting of policy statements and
cost of service analysis/rate study dated March 31, 1993 (the "Plan").
NOW THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE
FULFILLMENT OF THE TERMS OF THIS AGREEMENT, THE COUNTY AND TOWN
AGREE AS FOLLOWS:
1. Charlotte -Mecklenburg Storm Water Services —The storm water services to be
provided pursuant to this Agreement shall be conducted as a public enterprise to be known as the
Charlotte -Mecklenburg Storm Water Services.
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2. Major system —The County shall be responsible for providing County -wide
services consisting of operation and maintenance of the major system (defined as drainage
systems having a watershed greater than one square mile); operation and maintenance of best
management practices (BMP's) when accepted by the County, and enforcement of the regulated
floodway ordinance, where applicable in the Town. The County shall establish levels of service
and cost, prioritize, schedule, and manage a "storm water management program", as such phrase
is defined in G.S. 153A-274(7), related to the major system services (including, but not limited
to water quality, water quantity, and the flow of storm water), and shall be responsible for
financial accounting of associated revenues. The Town hereby allocates responsibility of
providing the major system services within the corporate limits of the Town as they may change
from time to time as the result of annexation or otherwise to the County.
3. Minor system —The Town, within the corporate limits of the Town as they may
change from time to time as the result of annexation or otherwise, hereby retains responsibility
for the minor system (defined as drainage systems having a watershed less than one squaze mile,
including those drainage systems intended for the purpose of conveying public storm water from
one side of the street rights -of --way to the other). The Town shall establish levels of service and
cost, prioritize, schedule, and manage a "storm water management program" as such phrase is
defined in G.S. 160-311(10) relating to the minor system within the corporate limits of the Town
(including, but not limited to water quality, water quantity, and the flow of storm water)_and
shall be responsible for financial accounting of associated revenues.
4. Water gtiality — The Town is responsible for protecting the quality of storm water
runoff and surface waters in the Town to the extent required by the Clean Water Act and
associated regulafions promulgated by the United States Environmental Protecfion Agency
and/or the State of North Carolina, and other laws and regulations that may apply to the Town.
However, on behalf of the Town, the County will fulfill the National Pollutant Discharge
Elimination System (NPDES) Phase II Storm Water Pemrit requirements for the Town and the
County provided the Town considers, adopts and enforces its own regulations reasonably
necessary to at a minimum meet specific Permit requirements. Based on a workplan agreed to by
the County and the Town, a copy of which is attached hereto as Exhibit A and incorporated by
reference herein as if fully set out, the County will draft the required NPDES Phase II Storm
Water Permit applications) and forward to the State for approval. Consistent with the agreed
upon workplan, the County will implement the requirements of the Permits) when issued by the
State and provide regular reports to the Town concerning Permit activities and compliance. The
Town will consider, adopt and enforce its own reasonably necessary regulations/ordinances to at
a minimum implement the Permit including but not limited to pollution control and post
construction site ordinances. The County will also, to the extent required, monitor general
surface water c onditions within the County and T own, respond to c itizen requests for service
regarding water quality problems and concerns and enforce applicable local surface water quality
regulations. The County will also offer to provide the same services related to an NPDES Phase
II Storm Water Permit to the other Towns in Mecklenburg County. The County is scheduled to
become responsible for protecting the quality of storm water runoff and surface waters in the
unincorporated areas of the County as required by the Clean Water Act and associated
regulations promulgated by the United States Environmental Protection Agency and/or the State
of North Carolina, and other laws and regulations that may apply_
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5. Personnel Necessary to the Execution of the Undertaking —The County through
its employees, or its independent contractors, shall be responsible for the major system services,
as described in this Agreement. The Town through its employees, or its independent contractors
(not to exclude the County), shall be responsible for the minor system services, as described in
this Agreement.
6. Financine —Pursuant to N.C.G.S. 153A-278 and 160A-314, the County shall
establish, revise, chazge, collect, and issue credits against storm water fees for property within
the corporate limits of the Town to provide all or a portion of the storm water services. Storm
water fees shall be a periodic service charge, which shall consist of three components as follows:
i) Fixed cost component — to pay those expenses that aze not influenced by the
amount of impervious area on a parcel of property, including but not limited to
the cost ofproducing bills and collecting fees, and operating customer service
functions. -Funds resulting from the fixed cost component of the fees shall be
used only for billing, customer service, and other similar joint storm water
activities. By mutual consent of the Town and County Managers, funds from the
major system cost component and the minor system cost components maybe used
to pay a portion of the cost of producing bills and collecting fees and operating
customer service functions.
ii) Major s ystem c ost component — t o p ay those expenses incurred i n p roviding a
storm water management program (master planning, operations, maintenance,
etc.) for streams with a watershed greater than one square mile in drainage azea
and operation and maintenance of best management practices when accepted by
the County and enforcement of the regulated floodway ordinance, where
applicable, in the Town. The major system cost component of the service chazge
shall be a flat amount for single family residences (regazdless of the amount of
impervious area on the property); and for all other property, shall be based on a
flat amount for each 2613 square feet of impervious area, and a prorata shaze for
each portion thereof. Revenues from the major system cost component shall be
distributed to the County for appropriation to the County for usage in the
Mecklenburg County Storm Water Special Revenue Fund.
iii) Minor sy stem c ost c omponent — t o p ay t hose a xpenses i ncurred i n p roviding a
storm water management program (master planning, operations, maintenance, etc)
for drainage systems with a watershed of less than one square mile. The minor
system cost component of the service charge shall have two rates for single family
residences, one amount for those with less than 2,000 square feet of impervious
azea, and a higher amount for those with 2,000 square feet or more. For all other
property, the charge shall be based on a flat amount for each 2613 square feet of
impervious azea, and a prorata share for each portion thereof. Revenues from the
minor system cost component collected within the corporate limits of the Town
shall be distributed to the Town for the exclusive use of providing minor system
services within Town corporate limits.
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At the Town's request, the County will provide minor system services to the
Town. These services may include, but are not limited to, inspection,
construction, construction management, and water quality services. Prior to the
time the County provides such services, the Town and the County must approve a
work plan and budget for the services. By April 1st of each year, the County will
invoice the Town for services rendered during that fiscal year. Payment to the
County is due from the Town within 60 days of the invoice. The Town may pay
for such services from revenues generated from the Town's minor system cost
component of the storm water fee.
Each year during the budget process, but no later than February 1st, the County
shall ask the Town if it wishes to alter the minor system cost component of the
service charge. If the Town requests that the County alter the minor system cost
component of the service charge levied within the corporate limits of the Town,
the Board of County Commissioners shall schedule a joint public hearing on the
alteration in the service charge at a time which is mutually convenient. Following
the hearing, the Board of County Commissioners shall alter the minor system cost
component of the service charge to be levied within the Town after it receives
notification from the Town governing body of the desired alteration in the minor
system cost component of the service charge. The Board of County
Commissioners shall attempt to schedule the public hearing before May 15 so that
changes made in the minor system cost component can be placed into the budget
for the next fiscal year.
In the event a change is requested separate from the annual budget process, the
County shall conduct such public hearings, and if necessary, do so jointly with the
Town, and take such other measures as required by the North Carolina General
Statutes to establish new charges within sixty (60) days of the Town's request.
iv) The fees, which will be levied against the Town, will consist of three service
charges as follows:
(a) A fixed cost service charge calculated as indicated above; and
(b) a major system cost component service charge based upon the sum of the
total i mpervious a rea i n t he d edicated s freet rights -of --way i n t he T own,
except for rights -of --way of State maintained highways, and on all other
properties (i.e. non -single family residential properties) owned by the
Town based on a flat amount for each 2613 square feet of impervious area,
or fractional part thereof; and
(c) a minor system cost component service charge based upon the sum of the
total impervious area on all properties (i.e. non -single family residential
properties) owned by the Town based on a flat amount for each 2613
square feet of impervious area, or fractional part thereof. The Town's
minor system cost component service charge shall be distributed to the
town in accordance with this Agreement.
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If sufficient documentation can be provided by the Town, a single bill can be sent
for all fees owed by the Town containing a single fixed cost.
7. Credits —Properties subject to storm water service charges maybe granted credits
against the fee in accordance to the credit policy approved by the Mecklenburg County Board of
Commissioners for Charlotte —Mecklenburg Storm Water Services. The credit shall be applied to
charges for both the major and minor system. The County hereby retains the responsibility for
reviewing and approving credit applications within the Town for both the major and minor
systems cost components of the service charge.
8. Billing — Pursuant to NCGS 153A-277 and 160A-314 under this Agreement the
County has primary responsibility for billing and collecting storm water service fees. As of the
date of this Agreement, for the storm water accounts that are also billed water/sewer charges
from Charlotte -Mecklenburg Utilities, the fees shall be billed with and at the same frequency as
Charlotte -Mecklenburg Utilifies water/sewer charges. For storm water accounts that are not
billed water/sewer charges from Charlotte -Mecklenburg Utilities, the fees shall be billed at a
minimum of once a year.
9. Customer Service —The existing customer service function (using 336-RAIN)
operated by the City of Charlotte Customer Service Center shall continue to receive storm water
comments, complaints, and requests for service from any source throughout the County.
10. Town's Obli ag tions —Town agrees to enact any ordinances or regulations which
the County may request Town to enact in order to enable County to carry out its responsibilities
to provide a comprehensive storm water management program within the Town and to enable the
Town to fulfill its responsibilities under the NPDES regulations and the NPDES Permit to be
issued for the Town. Town hereby grants County the right to go upon the rights -of --way of
streets within the Town which have been accepted for dedication by the Town for purposes of
carrying out its responsibilities hereunder:
11. Indemnity of Town — County agrees to indemnify and hold Town harmless from
and against any and all claims, liabilities, damages and expenses, including attorneys fees,
arising from the Town's participation in the storm water public enterprise, from actions taken by
the County under this Agreement, or from the Town's enacting any ordinances or regulations it
is required by the County's Storm Water Management Plan to enact. Town agrees to indemnify
and hold County harmless from and against any and all claims, liabilities, damages and expenses,
including attorneys fees, arising from the Town's operation and maintenance of the minor
system in the Town and from any failure of the Town to enact or properly enforce any
regulations or ordinances required by the NPDES Phase II Storm Water Permit for the Town.
12. Town's Ri t to Oppose —Town reserves the right to oppose decisions bythe
County as to the location or proposed location for storm water facilities (lakes, ponds, etc.).
Such opposition would not, however, relieve the Town or County from its obligations under this
Agreement.
13. Storm Water Advisory Committee Renresentation — Anine-member citizens
advisory committee has been established with representatives of the following categories:
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■ schools, colleges, hospitals, or churches —1 member (individual to be employed full time by
the institution or be a boazd member or officer of the institution);
■ industry, manufacturing, or commercial —1 member (individual to be employed full time in
the management and/or operation of industrial, manufacturing, or commercial property);
■ environmental organizations —1 member (individual to be a member of a generally
recognized organization involved in environmental issues);
■ financial, accounting, or legal professional —1 member (individual to be employed full time
in providing financial, accounting or legal services);
■ developer or land development
design professional —1
member (individual to be employed
full time in
land development or the design of building
or land improvements);
■ general contractor —1 member (individual to be employed full time as a construction
contractor);
■ residential neighborhoods — 3 members (individuals shall not qualify for one of the other
categories).
The members shall be appointed as follows:
■ 3 members by the Chazlotte City Council;
■ 3 members by the Mecklenburg Board of County Commissioners;
■ 1 member by the towns in the northern part of Mecklenburg County as determined by the
northem towns;
■ 1 member by the towns in the southern part of Mecklenburg County as determined by the
southern towns; and
■ 1 member by the eight previously appointed members above.
The ninth member appointed by the Committee must represent the category not filled by the
City, County or Town appointments. The members shall serve staggered, three-year terms such
that three members aze appointed each year. The categories of the three members to be
appointed each successive year shall be allocated to the City, County, and Towns or Committee
by lottery. In the event a jurisdiction cannot identify a candidate for the category assigned by the
lottery, a "residential neighborhood" representative maybe appointed. The Committee position
will revert back to the assigned category at the expiration of the term.
As of the date of this Agreement, the Town of Cornelius appointed the current Northern Towns
Representative to the Storm Water Advisory Committee. At the conclusion of the current term,
the Town of Huntersville will have the right to appoint the Northern Towns Representative for a
three yeaz term, to be followed by the Town of Davidson having the right to appoint the Northern
Towns Representative for a three year term, and then rotating back in the same order. As of the
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date of this Agreement, the Town of Pineville appointed the current Southern Towns
Representatve to the Storm Water Advisory Committee. At the conclusion of the current term,
the Town of Mint Hill will have the right to appoint the Southern Towns Representative for a
three year term, to be followed by the Town of Matthews having the right to appoint the
Southem Towns Representative for a three yeaz term, and then rotating back in the same order
No member maybe appointed to more than two full or partial terms. Any member who fails to
attend at least seventy-five percent of the regular and special meetings of the Committee during
any calendaz year shall be automatically removed from the Committee. The Committee shall
select a Chairperson each yeaz from its own members by majority vote. Each member will
continue to serve until 1) his or her term has expired and a successor has been appointed; 2) his
or her resignation; or 3) his or her removal. If a vacancy on the Committee occurs resulting from
resignation or removal, a person will be appointed to complete the unexpired term associated
with such vacant position in the same manner as such position was originally filled. The
successor must represent the same category.
A majority of the membership constitutes a quorum. Every action of the Committee requires the
concurring votes of at least five members. The Committee may adopt its own rules of procedure
that may not be inconsistent with the terms of this Agreement. The responsibilities of the
Advisory Committee shall include, but not be limited to Policy, Capital Improvement
Program/Budget, Operations Program/Budget, Storm Water and Erosion Control Appeals.
14. Ownershin of Real Property Involved in UndertakiY_g —Town shall have no
ownership in any real property acquired by County in providing major system services, and the
County shall be free to dispose of such real property to the extent under procedures allowed by
State law. County shall have no ownership in any real property acquired by the Town for the
operation of the minor system, and the Town shall be free to dispose of such real property to the
extent and under procedures allowed by State law. However, the Town and County shall
cooperate with each other by granfing access to property when necessary for operation of the
major and minor systems.
15. Methods of Amending the Agreement —This Agreement may not be amended
except by subsequent written agreement authorized by the governing bodies of each party and
signed by authorized representatives of both parties. Provided, however, the Board of County
Commissioners authorizes the County Manager, on behalf of the County, and the Town Board of
Commissioners authorizes the Town Manager, on behalf of the Town, to mutually agree to
revisions to the Exhibit A workplan.
16. Term of Agreement —Methods of Terminating the Agreement —The initial term
of this Agreement shall be from January 1, 2003 to June 30, 2003, and shall be automatically
renewed each fiscal yeaz thereafter unless notice ofnon-renewal is given in writing at least 18
months prior to the beginning of the fiscal year when termination is intended. For example, the
parties agree that if the notice of non -renewal were given prior to January 1, 2004, this
Agreement would terminate on June 30, 2005. This Agreement may also be terminated by court
order upon the finding that there has been substantial breach of this Agreement by the non -
complaining party so as to entitle the complaining party to be relieved on its obligations under
this Agreement. The County agrees that in the event this Agreement is terminated, the County
will continue to maintain any BMP's which it is maintaining within the Town at the time until
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the BMP's are no longer operating or in existence, provided that after the termination of this
Agreement, the County is fully compensated for its cost of maintaining such BMP's by the
owners of the property which is served by the BMP's. The County is authorized by the Town to
assess such costs on such property owners.
Notwithstanding the foregoing provisions on termination, the Town shall have the right to give
written notice of non -renewal specifically of the NPDES Phase 11 Storm Water Permitting
services provided pursuant to the provisions of Paragraph 4 above and Section 4 of the
Workplan, attached hereto as Exhibit A, on at least three (3) months notice prior to the beginning
of the fiscal year when termination is intended.
17. Enforcement of Agreement —The parties agree that the remedy of specific
performance would be an appropriate remedy, among others, for the enforcement of this
Agreement.
18, Entire Agreement — This Agreement is the entire agreement of the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
as of the day and year first above written by the authority duly granted by their respective
governing bodies.
TOWN OF CORNELNS
1LLos� �4�v
Mayor
(SEAL)
Town lerk
MECKLENBURG COUNTY
anNLLdof ommissioners
(SEAL)

APPROVED AS TO FORM
W;, Lr
Town Attorney
This instrument has been preaudited
in the manner required by the Local
Government Budget and Fiscal Control
Act.
.� c.ctor -Finance i
§wn of Coxiclius
Page 9 of 9
APPROVED AS TO FORM
This instrument has been preaudited
in the manner required by the Local
Government Budget and Fiscal Control
Act.
1,61.ctor.rt%:'-;klenburg County

Exhibit A
FY 2003-2004 Water Quality Work Plan
Prepared Jul
Town of Cornelius
Prepared by
Mecklenburg County Water Quality Program
Date
December 30, 2002

Section 1: Purpose
To maintain and/or restore the quality and usability of surface water resources within the
jurisdictional area for the Town of Cornelius and ensure compliance with all applicable
Phase H Storm Water Permit requirements.
Section 2: Water Supply Watershed Protection
The Mecklenburg County Water Quality Program (MCWQP) will provide the following
services to the Town of Cornelius for protection of Charlotte-Mecklenburg's drinking
water supply watershed and compliance with all applicable zoning and subdivision
ordinances:
1.
Review and comment on plans for new developments within the designated
watershed protection areas. MCWQP will receive plans from the developer or
the developer's agent for new developments within parcels requiring watershed
protection buffers. These plans will be reviewed and comments provided to the
Town of Cornelius concerning actions necessary to ensure compliance with
applicable watershed protection regulations.
2.
Review and Comment on Shoreline Stabilization Plans, Dredging Plans, and
Special Request Plans. MCWQP will receive plans for shoreline stabilization,
dredging, and special requests (such as pathways) from property owners or their
agents. These plans will be reviewed and comments provided to the property
owner for ensuring compliance with applicable watershed protection regulations.
3.
Review and Comment on Building Permits. MCWQP will receive notification
from the Mecklenburg County Engineering & Building Standards Department
that a building permit has been issued for parcels that are along the shoreline of
impounded waters and along side perennial streams within a designated watershed
protection area. MCDEP will take the actions necessary to ensure compliance
with buffer guidelines prior to the release of certificates of occupancy.
k
Identify suspected watershed violations and refer to the Town of Cornelius for
necessary corrective actions. MCWQP will provide enforcement assistance as
requested by the Town.
5.
Provide expertise to builders, developers, real-estate agents, other County/City
and Town agencies, and the general public concerning methods necessary to
protect the water quality in Lake Norman,
6.
Educate builders, developers, real-estate agents and the general public concerning
watershed protection requirements and the steps necessary to ensure compliance.
7.
Identify buffer violations through field observations and take the necessary
actions in cooperation with the Town of Cornelius to ensure compliance with all
applicable regulations.
8.
Provide assistance, guidance and information for interpretation of the watershed
regulations.
2

MCWQP will provide the following services to the Town of Cornelius for the
identification and protection of the S.W.I.M. Stream Buffers within their jurisdiction.
1. Identify those properties that require buffers and the widths of the buffers. This
information will be provided to the Town of Cornelius utilizing a GIS map
coverage. MCWQP will complete reviews of development plans for compliance
with S. W.I.M. Stream Buffer Requirements at the special request of the Town.
2. MCWQP will assist in the interpretation of stream buffer requirements as
requested.
Section 4: NPDES Phase II Storm Water Permit
MCWQP will provide the following services to the Town of Cornelius to ensure
compliance with all Phase II Storm Water Permit requirements.
Serve as the lead agency in the development of the NPDES Phase II permit
application and implementation strategy. The application will be prepared for a
joint permit between Mecklenburg County, Cornelius, Huntersville, Davidson,
Pineville, Matthews, and Mint Hill. The application will be completed and
submitted to the State by March 2003,
2. Coordinate with the State concerning NPDES Phase II requirements and will
provide the Town with necessary updates including applicable time frames for
implementation.
Section S: Responding to Citizen Requests for Service and Shills
MCWQP will respond to all citizen requests for service and spills relating to water
quality problems within the Town of Cornelius's jurisdiction as follows.
1. Respond to all citizen requests for service concerning water quality problems
within no more than three (3) days from when received. The requesting party will
be notified of actions taken.
2. Respond to spills and other emergency situations concerning water quality
problems within one (1) hour from when received. The reporting party will be
notified of actions taken.
Section 6: Water Quality Monitoring
MCWQP will perform monitoring activities at identified water quality sampling sites and
provide data to the Town of Cornelius as follows.

1. Monitor water quality conditions m the lakes and streams and initiate actions to
correct all exceedances of State Water Quality Standards and/or MCWQP Action
Levels,
2. Provide quarterly reports to the Town concerning the general water quality
conditions within their jurisdiction. The reports will contain all identified
exceedances of State Water Quality Standards and/or MCWQP Action Levels as
well as the actions taken to address identified water quality problems.
Section 7: Renortin�
MCWQP will provide regular reports to the Town of Cornelius as specified below.
1. Provide an annual written report to the Town concerning the activities completed
as part of this Work Plan,
2. Provide an annual presentation to the Town concerning the actions completed as
part of this Work Plan including a summary of the "State of Water Quality"
within the Town's jurisdiction.
Section 8: Costs
The costs for the above services will be $21,753 for FY04. Quarterly billing for these
services by Mecklenburg County will start at the end of the first quarter of FY04
(October 2003).

GS_153A-277 Page 1 of 2
§ 153A-277. Authority to fix and enforce rates.
(a) A county may establish and revise from time to time schedules of rents, rates, fees,
charges, and penalties for the use of or the services furnished by a public enterprise. Schedules
of rents, rates, fees, charges, and penalties may vary for the same class of service in different
areas of the county and may vary according to classes of service, and different schedules may be
adopted for services provided outside of the county. A county may include a fee relating to
subsurface discharge wastewater management systems and services on the property tax bill for
the real property where the system for which the fee is imposed is located.
(al) (1) Before it establishes or revises a schedule of rates, fees, charges, or penalties
for stormwater management programs and structural and natural stormwater
and drainage systems under this section, the board of commissioners shall hold
a public hearing on the matter. A notice of the hearing shall be given at least
once in a newspaper having general circulation in the area, not less than seven
days before the public hearing. The hearing may be held concurrently with the
public hearing on the proposed budget ordinance.
(2) The fees established under this subsection must be made applicable throughout
the area of the county outside municipalities. Schedules of rates, fees, charges,
and penalties for providing stormwater management programs and structural
and natural stormwater and drainage system service may vary according to
whether the property served is residential, commercial, or industrial property,
the property's use, the size of the property, the area of impervious surfaces on
the property, the quantity and quality of the runoff from the property, the
characteristics of the watershed into which stormwater from the property
drains, and other factors that affect the stormwater drainage system. Rates;
fees, and charges imposed under this subsection may not exceed the county's
cost of providing a stormwater management program and a structural and
natural stormwater and drainage system. The county's cost of providing a
stormwater management program and a structural and natural stormwater and
drainage system includes any costs necessary to assure that all aspects of
stormwater quality. and quantity are managed in accordance with federal and
State laws, regulations, and rules.
(3) No stormwater utility fee may be levied under this subsection whenever two or
more units of local government operate separate stormwater management
programs or separate structural and natural stormwater and drainage system
services in the same area within a county. However, two or more units of local
government may allocate among themselves the functions, duties, powers, and
responsibilities for jointly operating a stormwater management program and
structural and natural stormwater and drainage system service in the same area
within a county, provided that only one unit may levy a fee for the service
within the joint service area. For purposes of this subsection, a unit of local
government shall include a regional authority providing stormwater
management programs and structural and natural stormwater and drainage
system services.
(b) A county may collect delinquent accounts by any remedy provided by law for
collecting and enforcing private debts, and may specify by ordinance the order in which partial
payments are to be applied among the various enterprise services covered by a bill for the
services. A county may also discontinue service to a customer whose account remains
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GS_153A-277 Page 2 of 2
delinquent for more than 10 days. If a delinquent customer is not the owner of the premises
to which the services are delivered, the payment of the delinquent account may not be required
before providing services at the request of a new and different tenant or occupant of the
premises. If water or sewer services are discontinued for delinquency, it is unlawful for a person
other than a duly authorized agent or employee of the county to reconnect the premises to the
water or sewer system.
(c) Rents, rates, fees, charges, and penalties for enterprisory services are in no case a lien
upon the property or premises served and, except as provided in subsection (d) of this section,
are legal obligations of the person contracting for them, provided that no contract shall be
necessary in the case of structural and natural stormwater and drainage systems.
(d) Rents, rates, fees, charges, and penalties for enterprisory services are legal obligations
of the owner of the property or premises served when:
(1) The property or premises is leased or rented to more than one tenant and
services rendered to more than one tenant are measured by the same meter; or
(2) Charges made for use of a sewerage system are billed separately from charges
made for the use of a water distribution system. (1961, c. 1001, s. l; 1973, c.
822, s. 1; 1991, a 591, s. 2; 1991 (Reg. Sess., 1992), c. 932, s. 3; c. 1007, s. 45;
2000-70, s. 2.)
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document.
Please read the
caveats on
the main NC Statutes na2e
for more
information.
http://www.ncleg.net/enactedlegislation/statutes/htmUbysection/chapter_153 a/gs_153a-277.h... 3/26/08