03_NCS000557_Wake County Agreement_20220922

STATE OF NORTH CAROLINA
COUNTY OF WAKE
INTERLOCAL AGREEMENT
BETWEEN
THE TOWN OF ZEBULON AND WAKE COUNTY
REGARDING ADMINISTRATION OF ZEBULON'S
STORMWATER ORDINANCE AND EROSION AND
SEDIMENTATION CONTROL ORDINANCE
This interlocal Agreement (the "Agreement") entered into this the 6th day of f'I.►t±, 2019 by and
between the TOWN OF ZEBULON, NORTH CAROLINA, being a municipal corporation and public
body politic of the State of North Carolina (hereinafter "Zebulon") 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, Wake in collaboration with its municipalities often forms citizen task forces to study
and make recommendations on critical issues; and
WI-EREAS, on February 17, 2006 Wake and its municipalities convened such a task force to study
and make recommendations on stormwater management; and
WHEREAS, on November 19, 2007 the task force presented to Wake Commissioners its
recommendations including a Eve -year implementation plan; and
WHEREAS, the County Commissioners appropriated funds to implement the plan's first -year
recommendations and directed staff to work with interested municipalities to pursue implementation; and
WHEREAS, a key recommendation indicated that municipalities without stormwater ordinances
should: (1) draft and adopt a common stormwater ordinance and (2) consider an interlocal agreement for
Wake to administer the ordinance; and,
WHEREAS, Zebulon has worked with neighboring municipalities, diverse business and citizen
interests, County staff, State regulators, and others to draft such a common stormwater ordinance to be
County administered within the plaruung jurisdictions of the towns of Rolesville, Wendell and Zebulon;
an
WHEREAS, Wake and Zebulon recognize benefits to this agreement including establishuig across
jurisdictions greater consistency in requirements and review procedures for managing stormwater
impacts including flooding, sedimentation and erosion control, water pollution, and degradation of
aquatic habitat; and,
WHEREAS, 'Wake and Zebulon entered into an interlocal agreement on July 1, 2010 which expires
on June 30, 2019 and both parties desire to execute a new agreement for the continued provision of
services; and,
WHEREAS, both parties believe that Wake should continue to administer in Zebulon's jurisdiction
the current erosion and sedimentation control ordinance that is the same as that administered in Wake's
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jurisdiction; and that Wake should administer in Zebulon's jurisdiction, Zebulon's current stormwater
ordinance that is similar to the ordinance the County administers in the planning jurisdictions of the Town
of Wendell and the Town of Rolesville; and that consistency of these municipal stormwater ordinances
is fundamental to Wake's ability to administer the ordinances with efficiency and practicality; and,
WHEREAS, the parties pursuant to the authority of Chapter 160A-461 et seq. of the North Carolina
General Statutes are authorized to enter into this interlocal 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:
ARTICLE I
Purpose, Roles, & Responsibilities
1.1. Purpose: Thi s Agreement shall define the terms under which the County shall administer
and enforce the Zebulon stormwater management ordinance and. the Zebulon erosion and sedimentation
control ordinance.
1.2. Roles and Responsibilities of the Parties: From the "Effective Date" of this Agreement
(See Section 3.08)
A. Wake shall:
1. Provide the personnel, equipment, space, and resources needed to administer the
Ordinances.
2. Administer the Ordinances, including establishing and assigning all duties of
Wake employees necessary to administer the Ordinances, and do so in a way that
assures a common level of service for Zebulon and the County.
3. Collect development and administrative fees from developers applying for
stormwater management and erosion and sedimentation control approval within
Zebulon'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 Ordinances.
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
Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2 or as state law
may require.
5. Communicate regularly with Zebulon to foster efficient and effective
administrative processes.
6. Determine if Zebulon's ordinances meet the requirements set forth in. (B)1
hereunder for the purpose of Wake's continued administration and enforcement
of Zebulon's Ordinances under the terms of this Agreement,
B. Zcbulon shall:
1. Enact and abide by an Erosion and Sedimentation Control Ordinance similar in
content and form to the Wake County Erosion and Sedimentation Control
Ordinance in its current form and as it may be amended from time to time; and
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enact and abide by a Stormwater Management Ordinance similar in content and
form to the stormwater ordinance the County administers in the planning
jurisdictions of the Town of Wendell and the Town of Rolesville; in its current
form and as it may be amended from time to time.
2. Abide by and perform any functions that may be required by the Stormwater
Management Ordinance and Sedimentation and Erosion Control Ordinances as
adopted except as otherwise delegated in this Agreement. Specifically, Zebulon
shall be responsible for administering the variance procedure dictated by the
Ordinances including granting or denying petitions thereunder: and
administering the variance procedure through its Appeal Board, including
deciding any variance request thereunder.
3. Consider in accordance with legal process any future amendments necessary to
keep the Ordinances up to date. Zebulon is required to notify Wake's Stormwater
Ordinance Administrator in writing of any proposed amendments to the Erosion
and Sedimentation Control Ordinance and/or the Stormwater Management
Ordinance as soon as practicable but in no event later than thirty (30) business
days before such item appears on the Commissioner's agenda.
4. Communicate regularly with Wake to foster efficient and effective
administrative processes.
S. Nothing herein regarding the creation of same or similar ordinances shall be
construed to divest Zebulon of the discretion and powers of its governing bodies;
rather this Interlocal Agreement defines the terms under which Wake's
administration and enforcement ofZebulon's Ordinances shall be practical and
efficient.
ARTICLE II
Term
2.1 The term of this Agreement shall be for the period from the date of the last signature
hereto through .Tune 30, 2029, Thereafter, this Agreement may be renewed by the parties as set forth
herein.
2.2 The parties may renew this Agreement for successive periods of tent (10) years by the
written consent of Roth parties executed with the same formality herein.
2.3 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 upon thirty (30) days'
_moiice_provided that Wake has first ❑Nen notice to the Tnwn at the same time-Abat heesub' t of non- --._...-- ........ .............
appropriation is to be discussed at any County Board of Commissioners' meeting. In the event of
termination under this Section, Wake will fully cooperate with the Town to ensure the effective transition
of administrative responsibilities back to the Town.
2.4 In the event that the Town seeks to amend or revise its Erosion and Sedimentation
Control Ordinance or its Stormwater Management Ordinance, then the Town will notify Wake 34 days
before, the subject of such amendment is to be discussed at any Town Manager's meeting, or Town Board
of Commissioners' meeting. In the event that Wake in its sole discretion determines that the Zebulon
Ordinances no longer conform with Section 1.02 (8)1, herein, and determines that as a result,
administration and enforcement of the Zebulon Ordinances is no longer feasible, then Wake may
terminate this Agreement within one hundred eighty (180) days by giving notice as prescribed by Section
2.05 hereunder, notwithstanding that the shorter time provision shall apply.
Page 3 of 5

2.5 Wake and Zebulon shall each have the right to withdraw from this Agreement in its
entirety for any reason upon giving two hundred forty (240) days' notice to the other party in writing and
delivered to the other party as follows:
For the County: Director of Environmental Services
Wake County Government
P.O. Box 550
Raleigh, N.C. 27602
For Zebulon: Town Clerk
Town of Zebulon
1003 N. Arendell Avenue
Zebulon, North Carolina 27579
The roles and responsibilities of each party shall terminate 240 days after notice is given
by 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.
Furthermore, such right to withdraw and terminate may be invoked as to either the Erosion
and Sedimentation Control Ordinance or the Storm -water Management Ordinance without
withdrawing from or terminating this Agreement as to the other ordinance.
ARTICLE III
Miscellaneous
3.1 Governing Law: The Parties agree that North Carolina law shall govem this Agreement.
3.2 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.
3.3 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
the Parties and executed with the same for-mality as the foregoing. document.
3A 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. Except as
from the performance of any official duty provided by law.
3.5 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.
3.5 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.
3.7 No Creation of Agency: Wake and Zebulon agree that nothing Herein shall be construed
to create an agency relationship between Wake and Zebulon 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
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cause of action alleged or brought by others against Wake for any reason if otherwise available as a
matter of law.
3.8 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.
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.
OWN OF ZEBULON, NORTH CAROLINA
This instrument is approved as to form and legal
efficiency.
5
Eric Vernon, Town Attorney
Ro rt heny, Mayor
of 7-ES&4
ATTEST:
� 9
Lisa . Mar Ian
WAKE COUNTY, NORTH CAROLINA
This instrument is approved as to form and legal
efficiency.
y. �rL
L y - , "X'/
s', County M ger
Scott Warren, County Attorney
tit
ATTEST: [SEAL]
g
By: , 5
: This inshment has been preaudded In the manner
•.�, ��
.�$`,■� � the Loraf Government Budget and Ffscal
Conct
FbWE DIRECTOR
Denise llogan, Co Clerk
Page 5 of 5

STATE OF NORTH CAROLINA
COUNTY OF WAKE
INTERLOCAL AGREEMENT
BETWEEN
THE TOWN OF ZEBULON AND WAKE COUNTY
REGARDING ADMINISTRATION OF ZEBULON
STORMWATER ORDINANCE AND EROSION AND
SEDIMENTATION CONTROL ORDINANCE
This Interlocal Agreement (the "Agreement"), entered into this the day of Feb r , 2010,
by and between the TOWN OF ZEBULON, NORTH CAROLINA, being a municipal co oration
and public body politic of the State of North Carolina (hereinafter "Zebulon") 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, the County in collaboration with its municipalities often forms citizen
task forces to study and make recommendations on critical issues; and
WHEREAS, on February 17, 2006 the County and its municipalities convened such
a task force to study and make recommendations on stormwater management; and
WHEREAS, on November 19, 2007 the task force presented to the County
Commissioners its recommendations including a five year implementation plan; and
WHEREAS, the County Commissioners appropriated funds to implement the plan's
first -year recommendations and directed staff to work with interested municipalities to
pursue implementation; and
WHEREAS, a key recommendation indicated that municipalities without stormwater
ordinances should: (1) draft and adopt a common stormwater ordinance and (2)
consider an interlocal agreement for the County to administer the ordinance; and,
WHEREAS, Zebulon has worked with neighboring municipalities, diverse business
and citizen interests, County staff, State regulators, and others to draft a stormwater
ordinance to be County administered within Zebulon's corporate limits and
extraterritorial jurisdiction; and
WHEREAS, the County and Zebulon recognize benefits to this agreement including
establishing across jurisdictions greater consistency in requirements and review
procedures for managing. stormwater impacts including flooding, sedimentation and
erosion control, water pollution, and degradation of aquatic habitat; and,
WHEREAS, the County has Jong administered for Zebulon an erosion and
sedimentation control ordinance without benefit of a formal interlocal agreement and
Page 1 of 6

both parties desire that this agreement incorporate administration of erosion and
sedimentation control and stormwater ordinances into one document; and,
WHEREAS, both parties believe that the County should continue to administer in
Zebulon's jurisdiction the current erosion and sedimentation control ordinance that is the
same as that administered in the County's jurisdiction; and that the County should
administer in Zebulon's jurisdiction the current stormwater ordinance that is similar to
that administered in the County's jurisdiction; and that consistency of the Zebulon and
County ordinances is fundamental to the County's ability to administer the ordinances
with efficiency and practicality; and,
WHEREAS, the parties pursuant to the authority of Chapter 160A-461 et seq. of the
North Carolina General Statutes are authorized to enter into this interlocal 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:
ARTICLE I
Purpose, Roles, & Responsibilities
1.01. Purpose: This Agreement shall define the terms under which the County
shall administer and enforce the Zebulon stormwater management ordinance and the
Zebulon erosion and sedimentation control ordinance.
1.02. Roles and Responsibilities of the Parties:
(A) No later than ninety (90) days from the "Effective Date " of
this Agreement (See Section 3.08), the County shall:
1. Provide personnel, equipment, space, and resources needed to
administer the Ordinances.
2. Administer the Ordinances, including establishing and assigning
all duties of County employees necessary to administer the
Ordinances, and do so in a way that assures a common level of
service for Zebulon and County.
3. Collect development and administrative fees from developers
applying for stormwater management or erosion and
sedimentation control approval within Zebulon'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 the County to pay for
the costs of personnel, equipment, space, and resources
needed to administer the Ordinances.
4. Assess and collect in their discretion any civil penalties
authorized by the Zebulon Ordinances. Any penalties collected
shall be retained by Wake County.
Page 2 of 6

5. Communicate regularly with Zebulon to foster efficient and
effective administrative processes.
6. Determine if Zebulon's ordinances meet the requirements set
forth in (B)1 hereunder for the purpose of Wake's continued
administration and enforcement of Zebulon's Ordinances under
the terms of this Agreement,
(B) Zebulon shall:
1. Enact and abide by an Erosion and Sedimentation Control
Ordinance identical in content and form to the Wake County
Erosion and Sedimentation Control Ordinance in its current form
and as it may be amended from time to time; and enact and
abide by a Stormwater Management Ordinance similar in
content and form to the Wake County Stormwater Management
Ordinance in its current form and as it may be amended from
time to time.
2. Abide by and perform any functions that may be required by the
Stormwater Management Ordinance and Sedimentation and
Erosion Control Ordinances as adopted except as otherwise
delegated in this Agreement. Specifically, Zebulon shall be
responsible for administering the variance procedure dictated by
the Ordinances including granting or denying petitions
thereunder; and administering the appeal procedure through
their Appeal Board, including deciding any appeals thereunder..
3. Consider in accordance with legal process any future
amendments necessary to keep the Ordinances up to date.
Zebulon is required to notify Wake's Stormwater Ordinance
Administrator (Mr. Britt Stoddardhis successor or assign ) in
writing of any proposed or approved amendments to the Erosion
and Sedimentation Control Ordinance and/or the Stormwater
Management Ordinance as soon as practicable but in no event
later than ten (10) business days from the date such item
appears on the Commissioner's agenda.
4. Communicate regularly with the County to foster efficient and
effective administrative processes.
5. Nothing herein regarding the creation of same or similar
ordinances shall be construed to divest Zebulon of the
discretion and powers of its governing bodies; rather this
Interlocal Agreement defines the terms under which Wake's
administration and enforcement of Zebulon's Ordinances shall
be practical and efficient.
Page 3 of 6

ARTICLE II
Term
2.01. The term of this Agreement shall be for a period of ten (10) fiscal years.
The first year hereunder shall commence on the date of the execution of
this Agreement 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, 2019 unless renewed by the
parties as set forth herein.
2.02. The parties may renew this Agreement for successive periods of ten (10)
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 the COUNTY.
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
Zebulon Ordinances no longer conform with Section 1.02 (B)1, herein, and
either party determines that as a result, administration and enforcement of
the Zebulon Ordinances 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 Zebulon ordinances as written conform with Section 1.02
(13)(1). This section shall apply to changes or amendment to the
ordinance(s) made after the execution of this Agreement which either
party may deem non -conforming.
2.05. The County and Zebulon shall each have the right to withdraw from this
Agreement for any reason upon giving two hundred forty (240) days'
notice to the other party in writing and delivered to the other party as
follows:
For the County: Mr. Britt Stoddard
Community Services
336 Fayetteville Street
Raleigh, N.C. 27602
For Zebulon: Mrs. Lisa Markland
1003 N. Arendell Avenue
Zebulon, North Carolina 27597
Page 4 of 6

The roles and responsibilities of each party shall terminate 240 days after
notice is given by 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 the 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.
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: County and Zebulon agree that nothing herein
shall be construed to create an agency relationship between the County and Zebulon or
to mandate purchase of insurance by the County pursuant to N.C.G.S. 153A-435; or to
waive the County's defense of governmental immunity from any cause of action alleged
or brought against the County 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
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Wake County Clerk attests to such execution. This date shall be reflected in the first
paragraph of this Interlocal Agreement.
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 ZEBULON, NORTH
CAROLINA
M
ATTEST:
Markland, Town Clerk
, NORTH CAROLINA
By:
David ooke, County Manager
ATTEST:
legal cie cy
lc
Town Attorney
legal sufficiency.
County Attorney
as to form and
as to form and
Page 6 of 6