2010-162 Planning - Hillsborough Stormwater Program Management & Erosion Control Services

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Attachment 1 `~~ STATE OF NORTH CAROLINA INTERLOCAL AGREEMENT COUNTY OF ORANGE TOWN OF HILLSBOROUGH INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT made as of µ('C;;1n~~- ~ , 2010, by and between ORANGE COUNTY, a political subdivision of the State of North Cazolina (hereinafter "County") and the TOWN OF HILLSBOROUGH, North Carolina, a municipal corporation of the State of North Carolina (hereinafter "Town"). WITNESSETH: WHEREAS, this Interlocal Agreement is entered into pursuant to G.S. §160A-458 and G.S. §160A-459, which authorize towns to adopt and enforce storm water and erosion control ordinances, and G.S. §160A-360(d) which permits the Town to request the Boazd of County Commissioners to exercise their powers within Town's jurisdiction, and they shall thereupon be empowered to do so until the TOWN officially withdraws its request in the manner provided in G.S. §160A-360(g). (1969, c. 1065, s. l; 1971, c. 698, s. 1; 1973, c. 426, s. 64; 1993, c. 232, s.3.) WHEREAS, this Interlocal Agreement is entered into pursuant to G.S. § 160A-461 (Interlocal Cooperation), North Carolina Statutes, which permits the Town and the County to resolve to enter into a contract of reasonable duration to execute an undertaking within the Town's planning jurisdiction; WHEREAS, County maintains a Department of Planning and Inspections, which includes an Erosion Control Division ("Erosion Control") that conducts site plan review and inspections, administers the Orange County Soil Erosion and Sedimentation Control Ordinance and the Stormwater Ordinance for Lands Within the Neuse River Basin, maintains administrative offices and records; WHEREAS, on ~-~" ~ 2010, the State of North Cazolina Department of Environment and Natur Resources, Division of Water Quality (hereafter the "Division of Water Quality") issued to the Town Permit No. NCS000466, effective October 1, 2010, and expiring on midnight on October 1, 2015 (hereafter the "Permit"), authorizing the Town to dischazge stormwater from the Town's Municipal Separate Storm Sewer System under the National Pollutant Dischazge Elimination System (NPDES); WHEREAS, the Town is desirous of procuring selected services of County for the performance of Permit compliance and enforcement of the Orange County Soil Erosion and Sedimentation Control Ordinance (hereafter the "Erosion and Sedimentation Control Ordinance") within the municipal boundaries and/or of the Town's Extraterritorial Jurisdiction as may be changed from time to time; WHEREAS, County, through said Erosion Control Division, is willing to perform such services pursuant to the terms and conditions hereafter set forth;