NCS000429_Interlocal Agreement_20220224

NORTH CAROLINA
GASTON COUNTY
INTERLOCAL AGREEMENT FOR ENFORCEMENT SERVICES FOR
CITY OF GASTONIA MANAGEMENT OF POST CONSTRUCTION
STORMWATER RUNOFF ORDINANCE
This Agreement made and entered into on the 10day of ld-wfl
2008, by and
between GASTON COUNTY, a corporate and political body and a s bdivision of the
State of North Carolina, hereafter referred to as "County" and the CITY OF
GASTONIA, a municipal corporation having a charter granted by the State of North
Carolina, hereinafter referred to as "Municipality".
WITNESSETH:
WHEREAS, Article 20 of Chapter 160A of the North Carolina General Statutes
authorizes the contractual exercise by one unit of local government for one or more other
units of any administrative or governmental power, function, public enterprise, right,
privilege, or immunity of local government; and
WHEREAS, the Municipality has requested that the County provide enforcement, review
and permitting services within the corporate boundaries of the Municipality for the City
of Gastonia Management of Post Construction Stormwater Runoff Ordinance
("Stormwater Management Ordinance"); and
WHEREAS, pursuant to N.C. General Statute Chapter 160A, Article 20, upon official
request of the governing body of any municipality within the County, the Gaston County
Board of Commissioners may through agreement exercise enforcement powers within.
said municipality and upon such direction may do so until such time as the Municipal
governing body officially withdraws its request; and
WHEREAS, the Gaston County Board of Commissioners, upon approval of a resolution,
and with written notice, may withdraw the offering of the service to the Municipality.
NOW, THEREFORE, it is agreed by the parties hereto that the County through the
Gaston County Department of Natural Resources will provide enforcement services for
Stormwater Management Ordinance in the corporate limits of the Municipality on the
terms and conditions set forth below:
1. Purpose. The purpose of this Agreement is to set forth the terms and d
conditions for the Municipality to contract with the County for
enforcement, permitting and review services for the Stormwater t
Management Ordinance inside its corporate limits and to confer to the
d

County the necessary geographical and subject matter jurisdiction to carry
out the intent of this Agreement.
2. Term. The term of this Agreement is February 1, 2008 through
January 31, 2009. This Agreement shall automatically renew each year
thereafter for successive one (1) year terms unless terminated as provided
herein.
3. Responsibilities.
A. Municipality. The Municipality agrees to:
(1) allow the County to retain any fees or fines collected in
accordance with the law;
(2) defend all claims against it and its employees for incidents
that occur prior to the date of this Agreement and
indemnify and hold - the County harmless from any
judgments against it and said employees. The County
agrees to defend all claims against the Municipality arising
out of like incidents that occur from and after the date of
this Agreement, and further agrees to indemnify and hold
the Municipality harmless from any judgments against the
Municipality resulting therefrom, unless the County is not
at fault;
(3) withhold applicable permits and approvals including but
not limited to building permits, zoning permits and
subdivision plat approvals, until notified of compliance
with the Stormwater Management Ordinance.
B. County. The County through the County Department of Natural
Resources agrees to:
(1) review plans submitted pursuant to the Stormwater
Management Ordinance for compliance therewith and issue
permits for those plans found .to be incompliance;
(2) inspect construction sites to determine compliance with
approved and permitted stormwater management plans;
(3) notify Municipality of any violations of the Stormwater
Management Ordinance.
a. Geographic and Subject Matter Jurisdiction. To the fullest extent
permitted by the laws of the State of North Carolina and the United States,
the Municipality hereby grants to the County the authority to perform the
herein described services and to that extent to enforce the Stormwater

Management Ordinance as it now exists or as it may hereinafter be
adopted within the Municipality's incorporated area, and the County
accepts the authority herein granted and agrees fully and faithfully to
perform the duties and responsibilities implied by the acceptance of this
grant subject to the terms and conditions of this Agreement.
S. Amendment. This Agreement may only be amended in writing upon the
signature of both parties. No oral agreements or resolutions shall have any
effect.
6. Entire Agreement. This Agreement is the only agreement between the
parties and contains all the terms agreed upon, and replaces any previous
agreements regarding the subject matter. This Agreement has no effect
upon enforcement of codes or ordinances not specially mentioned. If any
part of this Agreement is held invalid such decision shall not render the
document invalid.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed in duplicate for themselves for their duly authorized officers of the day and year
first above -written
71
Martha Wordan; Cl. rk to
GASTON COUNTY
By: 0010 AAr 054,
CITY O GASTONIA.
By:
7e ' e T. S tz, Mayor
Uk",-
ATTEST: 0
Clerk(�
APPROVED AS TO FORM:
(ASSt. •City Attorney
:y
zs
SEAL
•

This document has been pre -audited in the
manner required by the Local Government
Budget and Fiscal Control Act.
I-A4
Finance Director
STATE OF NORTH CAROLINA
COUNTY OF GASTON
I, l 'd�� ,►� B . r LL, j a Notary Public of the aforesaid County and State, do hereby certify
that Virginia L. Creighton personally appeared before me this day and acknowledged that she is
the City Clerk of the City of Gastonia and that by authority duly given and as the act of the
municipal corporation, the foregoing instrument was signed in its name by its �
sealed with its corporate seal and attested by her as its City Clerk.
Mc,yer
WITNESS my hand and Notarial Seal, this thel5"day of T;OM412008.
�y1iNa-„Ny Notary Public
My Commission Expires: '� 0� v aa��PEMs
� C�$%
r
STATE OF NORTH CAROLINA ? AVt31.IG e
COUNTY OF GASTON
P
a NotaryaQuovthaforesaidCounty and State, do
I' y personally appeared before me this day and
hereby certify that Martha M. Jordan, this day, p Y PP
acknowledged that she is the Clerk of the Gaston County Board of Commissioners and that
pursuant to the act of Gaston County, the foregoing instrument was signed in its name by Jan
winters, County Manager, sealed with its corporate seal and attested by her as its Clerk.
WITNESS my hand and Notarial Seal, this the I` day of
2008.
My Commission Expires: N K LI

February 8, 2008
CERTIFICATION
I, Virginia L. Creighton, do hereby certify that I am the duly appointed City Clerk
of the City of Gastonia, North Carolina, and further certify that the attached is a
true and accurate copy of a portion of the minutes of the Gastonia City Council
meeting held on December 18, 2007.
e�Ca4aeoueeee�� �
EAL
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Virgini-a L. Creighton /49••.••.•°•.••
City Clerk �I•ZC A

Page 120 Page 120
REGULAR COUNCIL MEETING -- DECEMBER 18, 2007
Mr. Blackwell said there is no additional cost or lost revenue to the City of Gastonia or to Gaston
County to make these incentives available. It does allow them to be quite a bit more competitive
with South Carolina, which offers better and more substantial incentives than the State of North
Carolina currently offers. With Council approval of the Urban Progress Zone for our area, it will
help make our area more marketable and will give them more tools as they go out to attract
business and industry to our area. The areas of the Urban Progress Zone will be defined very
closely to the areas that were previously designated as the Development Zone. Staff can provide
Council a current map of the Urban Progress Zone, based on the 20% or greater poverty level.
Councilman Kirlin asked how the particular classes of jobs that are eligible for the tax credits
was determined. I& Blackwell said the State developed the parameters for which industries
would be eligible to receive the tax credits. Those particular industries were selected by the
North Carolina Department of Commerce.
Councilman Kirlin asked why these particular industries were chosen. Mr. Blackwell said he did
not have that information, but he would be happy to look into that and report back
Mayor Stultz suggested that the Comprehensive Economic Development Study for Gaston
County may have determined the kind of jobs that they should be recruiting.
Councilman Howren made a motion to adopt the Resolution to Request Designation as a State
Urban Progress Zone. Councilman Kirlin seconded the motion and Council approved it
unanimously.
(Reference and Resolution as contained in Exhibit Book 3 to Minute Book 97 at Page 12.)
_PUBLIC HEARING ON AMENDMENTS 10 CHAPTER 14 (STORMWATER POST -
CONSTRUCTION) AND TO CHAPTER 17 AND CHAPTER 16 (STORMWATER
DETENTION) / PROPOSED INTER -LOCAL AGREEMENT WITH GASTON COUNTY /
APPOINTMENT OF MEMBERSHIP TO STORMWATER COMMISSION
Mayor Stultz declared the public hearing to be open and recognized Mr. Joe Bicker, Stormwater
Utility Administrator, for the purpose of making the presentation.
Mr. Bicker said in August, 2005, the North Carolina Department of Environment and Natural
Resources, Division of Water Quality (DWQ), issued a stormwater runoff permit to the City. In
October, 2005, the City appealed that permit based on technical issues. That appeal was finally
resolved in June, 2007, and the City's amended permit was issued in August, 2007. With the
issuance of the amended permit, they now have the guiding verbiage on what they need to do to
move forward with the Phase A program. The one thing that they have been talking about the
most is the post -construction ordinance, which is the amendment to Chapter 14 that they are
discussing tonight. Post -construction is one of the six mandates that come through the permit.
Particularly, it requires the capture and treatment of runoff. They have been capturing and
managing stormwater runoff for over 30 years. The treatment is the new facet, as well as some
other details. Most of the surrounding municipalities, since they did not appeal their permits,
have already coordinated with Gaston County and have developed and implemented ordinances.
He said the proposed amendment to Chapter 14 has been reviewed and approved by the DWQ.
It will require that new commercial and residential developments not only capture and detain
significant storms, but also capture, detain, and treat the runoff from slower more gradual.rain
events.
Mr. Bicker said City staff has been working with the other municipalities in an effort to ensure
parity'throughout the County. They have prepared an inter -local agreement, whereby the County
Department of Natural Resources will administer the plan approval and construction portions of
the City's ordinance in the City's jurisdiction. Staff has also been working with the local
Homebuilders Association in finalizing the Phase II Stormwater requirements. This format will
allow developers a single point of contact for the approval process, but the City will retain appeal
authority and oversight of on -going operations afjer construction is complete. As a function of
the City retaining appeal authority, the proposed ordinance dissolves the current Stormwater
Citizens' Advisory Panel and creates a Stormwater Commission for the City. This Commission
will be vested with the quasi-judicial authority to hear appeals of decisions made by staff.
Decisions of the Stormwater Commission will be appealed directly to Superior Court.
-120-

Page 121 Page 121
REGULAR COUNCIL 11'IEETING — DECEMBER 18, 2007
He said to allow for the orderly transition of applications for early vested rights, staff recommends
that the effective date for these actions be February 1, 2008. if adopted, the amendments to
Chapter 14 will create duplications of the detention requirements in Chapters 17 and 14. Staff has
prepared an amendment to Chapters 17 and 18 to delete the duplicated portions and adopt clear
reference to the consolidated sormwater requirements in Chapter 14.
Councilman Kirlin asked what the difference was between the City's stormwater runoff permit
and the permits of the other Gaston County municipalities, which were not appealed. Mr. Bicker
said the main reason that Gastonia appealed was because they were requiring that the detention
systems be 2'/z times larger than they needed to be: Gastonia's appeal caused a cascade effect and
the North Carolina Senate revisited the enabling ordinance. With the exception of Mount Holly,
all the municipalities ended up with exactly the same language that Gastonia requested, without
going through the appeal process. That was an elective decision on the part of Mount Holly.
Councilman Burkett asked if the appeal process they are proposing for Gastonia is the same
process that is used by other municipalities. Mr. Bicker said most of the appeal processes are
being handled through Gaston County. There are some technical differences. His understanding
is that the County's existing Environmental Review Board would hear an appeal, and the decision
of the Environmental Review Board could then be appealed to the Gaston County
Commissioners. He said they wanted Gastonia to retain its own appeal process. The County
would actually be implementing our ordinance; therefore, they would be acting as our agent. Any
appeal would be an appeal of staff s decision. The Stormwater Commission would hear that
appeal, and if someone were dissatisfied with the judgment of the Stormwater Commission, their
recourse would be to Superior Court.
Councilman Tidwell asked if many appeals to the Board of Adjustment go to Superior Court Mr.
L. Ashley Smith, City Attorney, said appeals to the Board of Adjustment are few and far between.
Appeals very rarely go to Superior Court He would say that they do not even average one a year.
Councilman Watson asked if the Stormwater Commission would be coming from the City of
Gastonia or from the County. Mr. Bicker said that would be the City. They are recommending.
that Council appoint the current members of the Stormwater Citizens' Advisory Panel to the
remains term of the Stormwater Commission.
Councilman Tidwell asked if this would affect any projects going on now. Mr. Bicker said the
recommended effective date of February 1, 2008, is to manage that particular issue. The deadline
for vested rights to be heard in January was the middle of November. Council will be hearing
four or five vested rights requests in January.
Mayor Stuitz asked if anyone wished to speak to this matter. No one did.
Councilman Kirlin made a motion to close the public hearing and to adopt the Ordinance
Amending Chapter 14 of the Code of Ordinances of the City of Gastonia by adding a new
Division 4, entitle Management of Post Development Stormwater Runoff, to Article Vl, with an
effective date of February 1, 2008; adopt the Ordinance Amending Chapter 17, Zoning, and
Chapter 18, Subdivisions, of the Code of Ordinances of the City of Gastonia, to reflect the
adoption of the post -construction management ordinance, with an effective date of February 1,
2008; approve the Inter -local Agreement with Gaston County for enforcement services for City of
Gastonia management of post -construction sormwater runoff ordinance, with an effective date of
February 1, 2008; and to appoint the current members of the Stormwater Citizens' Advisory Panel
to the remaining term of the Stormwater Commission. Councilman Tidwell seconded the motion
and Council approved it unanimously.
(Reference and Ordinances as contained in Exhibit Book 3 to Minute Book 97 at Page 13.)
PUBLIC BEARING — ORDINANCE AMENDMENT — CHAPTER 17
Subject hearing involves considering amending Chapter 17 of the Code of Ordinances of the City
of Gastonia by amending Article VM Signs, Section 17-247, Planned Development Flexibility
Option, (e) Sign Specifications (2) to allow the maximum height of a sign(s) to default to the
maximum heights allowed under the Planned Development Flexibility Option in the respective
zoning district. (The Gastonia Planning Commission voted 5-0 to recommend approval of this
Ordinance Amendment)
-121-

GASTON COUNTY BOARD OF COMMISSIONERS
BOARD ACTION
REQUESTED ACTION: To Authorize the Gaston County Board of Commissioners (GC-BOC) to enter into
Intertocal Agreements with Gaston County Municipalities for the Purpose of Enforcing the Gaston County Soil
Erosion and Sedimentation Contmi Ordinance and the Gaston County Stormwater Ordinance within the
Corporate Limits of Each Participating Municipality.
COMMISSION SPONSOR Mr. Joe D. Carpenter
Staff Contact: Mr. Chades L. Moore, County Attorney
BACKGROUND: The GC-BOC is requested to authorize Interlocai Agreements with Gaston County
Municipalities in order to provide Soil Erosion and Sedimentation Ordinance and Stormwater Ordinance
services within the corporate limits of each participating municipality and to authorize the County
ManagedDesignee to execute such agreements on behalf of the County.
THIS IS 100% FUNDED WA FEES.
Policy Impact: NIA
FISCAL IMPACT ANALYSIS: N/A
is item included in current budget? Yes No NA X
Recommended sources of funds:
ra a
Departmental Fiscal Review: i I /0'7
Budget Director Review:
Manager's Recommendation; _ TO APPROVE
ATTACHMENTS:
DO NOT TYPE BELOW THIS LINE
1, Martha M. Jordan, Clerk to the County Commission, do hereby cart) ab a [rue` d'W"opy
,-action taken by
the Board of Commissloners as follows: yam.•
NO. DATE Mt MZ CARPENTER FLOYD tOGHER SRO" A*E
2007-208 &1412007 JS PF
DIS'TRrBUTION. DotuWare users
T F Ey -VOTE .
A=AYE, N=NAY, Ae=; MENT,AGG=ADSTAIN, U=UNANIMOUS

Ill�lllf !I Ilrl1III� �I !llffl!llllllllllllEllllll II�IIf IIII lil�Illfli!
Doc ID: 011964110019 Type; ORD
Recorded; 07/31/2007 at 03:54:26 PN
Fee Amt: $0.00 Pape 1 of 19
Instr# 2O0700005539
Gaston, NO
Susan 5. Lockridge Register of Deeds
13K9 PG! 90-808
Iq
RECORDING FEE /(r (`
RESOLUTION TITLE: NATURAL RESOURCES — ADOPTION OF THE GASTON
COUNTY STORMWATER ORDINANCE
WHEREAS, on April 12, 2007, the Gaston County Board of Commissioners adopted the Gaston County
Stormwater Ordinance per Resolution 2007-148 ' to be submitted to North Carolina.
Environmental Management Commission; and,
WHEREAS, the changes have been submitted to the North Carolina Environmental Management
Commission for its approval and said approval was granted on July 12, 2007a8 set forth in
the attached document; and,
WHEREAS, to complete the process, per North Carolina General Statutes, the Gaston County Board of
Commissioners is required to adopt the ordinance as approved by the North Carolina
Environmental Management Commission.
NOW, THEREFORE, BE IT RESOLVED that the Gaston County Board of Commissioners:
1) Rescinds the Gaston County Stormwater Ordinance adopted on April 12, 2007;
2) Adoptsthe attached Gaston County Stormwater Ordinance pursuantto North Carolina
General Statutes and as approved by the North Carolina Environmental Management
Commission;
3) This Ordinance is effective upon its adoption;
4) The Clerk to the Board is required to forward the Ordinance to the Register of Deeds
to be officially registered.
❑O NOT TYPE BELOW THIS LINE
1, Martha M. Jordan, Clerkto the county Commission, do hereby, cerfiry that the above is rue IN
by the Board of Commissioners as fallows: � �j/oa �j /
NO- DATE All M2 CARPENTER FLOYD KE(GHER BROWN
2007-271 7/26/2007 TK PF
DmTmBurro . susan l.ockridge, Register of Deeds; Municipal Code Corporation; DocuWare Users
A --AYE, N=NAY, AB -ASSENT, ABS,--ABSTAIN, U=UNANIN,DU$

February 11, 2008
MEMORANDUM
TO:
FROM:
SUBJECT:
GASTON COUNTY COUNTY ATTORNEY
128 W. MAIN AVE. TELEPHONE: [phone]
P.O: BOX 1578 FAX: [phone]
GASTONIA, NC 28053-1578
David Freeman, Natural Resources
Samuel J. Shames, Asst. County Attorney
Interlocal Agreement For Storrnwater Ordinance Enforcement Services With City Of
Gastonia
Attached are fully -executed originals of the above document. Please send the Vendor one of
the enclosed originals for their file. The County has retained an original signature copy,
cc: Wilson L. Bradley ill, Finance Director
Attachments
FEMEMOTODEPARTMENTMEVSEND
Mission Statement
Gaston County seeks to be among the finest counties in North Carolina. It will provide effecdlve, efficiew and affordable
services leading to a safe, secure and healthy cotntnuttity, an environment for economic grawth, and promote a favorable
quality of life;

CONTRACT CONTROL COVER SHEET
Contract Title: Interlocal for Enforcement Services of Gaston County Stormwater
Ordinance
Department: Natural Resoucres>r
Department Director Sign -Off '
Vendor: City of Gastonia:���
...........
Vendor Address: P.O. Box 1748 Gastonia NC 28053
Address City State Zip
Vendor's Contact Person & Phone #: Jenny Creighton City Clerk 704 866-6719
ALL AGREEMENTS WILL BE RETURNED TO THE ORIGINATING DEPARTMENT FOR ROUTING -
Contract/Agreement Funded Through:
( ) Federal Grantor %
( ) State Grantor %
( ) Local Funds %
( ) Other %
Responsible for payment of contract/agreemeat:
Department Name Project Number
Account Number:
Fund Dept Subdept Division Account Subacct
Total Cash outlaylcapped amount: N/A
Frequency of Payments: ( ) Monthly ( ) Quarterly
( ) Annual ( ) Progress Billing ( ) Other:
Contract/Agreemeat For:
( X ) Service ( ) Equipment ( ) other:
Contract/Agreement is:
(X)New
( ) Renewal — Original Contract #
{ ) Amendment -Original Contract #
Effective Date: 2/1/2008
Termination Notice Date:
Expiration Date: LL
Special inatructions:
d� t 0 A rat �' C • . 4.U---,
Record Retention Date:
(Date by which agreement may be destroyed)
DO NOT WRITE BELOW THIS LINE
County Attorney's Use Only:
Date Approved as to form:
Routed for Approval and Signature:
Finance Director for Pre -Audit Certification:
County Manager for Signature:
Clerk to the Board of Commissioners:
By: A,
Z l (Date)
(Date)
By. (Date)
Contract Control No. o20C g " O yQ