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HomeMy WebLinkAbout2011-054 Planning - Town of Hillsborough for Plan Review, Inspection, Building Official & Related ServicesAttachment 1 .Z - i s- ~~ yk North Carolina Orange County INTERLOCAL AGREEMENT FOR PLAN REVIEW, PERMITTING, INSPECTIONS, AND RELATED SERVICES TO BE PERFORMED BY THE ORANGE COUNTY BUILDING INSPECTIONS DIVISION DEPARTMENT OF PLANNING AND INSPECTIONS This is an Interlocal Agreement, made and entered into by and between Orange County, (hereinafter referred to as "County"), and the Town of Hillsborough, (hereinafter referred to as "Town") shall have an effective date as of the date on which it is executed by County. WHEREAS, this Agreement is entered into pursuant to North Carolina General Statutes § 160A-413, which permits the Town to request the Board of County Commissioners to direct one or more county building inspectors to exercise their powers within the 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, the County has created an Inspections Division consisting of building inspectors, plumbing inspectors, mechanical inspectors and electrical inspectors and building permit technicians, and is headed by the Chief Building Official, pursuant to G.S. 153A-351; and WHEREAS, County maintains a Department of Planning and Inspections which includes a Building Inspections Division ("Building Division") that conducts plan review and inspections, issues permits, enforces the building codes, authorizes facilities and capital improvements, retains administrative records and provides building official services and other support services relating to the Building Division operations (hardware and software) for the County and in, coordination with Town of Hillsborough Fire Marshal, Planning and Zoning, and WHEREAS, the Town is desirous of procuring some of the services of the County's Building Division for the performance of plan examinations, permitting and inspection services within the municipal and extraterritorial jurisdictional (ETJ) boundaries of the Town as may be changed from time to time; and WHEREAS, County, through said Building Division, is willing to perform such services pursuant to the terms and conditions hereafter set forth; NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, County and Town agree as follows: 1 ARTICLE 1-SCOPE OF SERVICES 1.1. Town thereby appoints, designates and empowers the County with authority to enforce, all applicable State Building Codes as adopted by the State of North Carolina and the Town of Hillsborough. The Town empowers the County to exercise its powers and authority to perform the Services as outlined below pursuant to the requirements of G.S. 160A-413, within the Town of Hillsborough and its extraterritorial zoning jurisdiction. ENFORCEMENT OF NORTH CAROLINA BUILDING CODE INCLUDING: PERMITTING, INSPECTIONS, PLAN REVIEW AND RELATED SERVICES AS THEY PERTAIN TO THE NORTH CAROLINA STATE BUILDING CODES, WITH THE EXCEPTION OF THE FIRE CODE, INCLUDING THE FOLLOWING: North Carolina Administration and Enforcement Requirements Code North Carolina Building Code North Carolina Residential Code North Carolina Plumbing Code North Carolina Mechanical Code North Carolina Fuel Gas Code North Carolina Energy Code North Carolina Accessibility Code North Carolina Electrical Code Modular Construction Regulations North Carolina Existing Building Code North Carolina Manufactured/Mobile Home Regulations North Carolina Rehabilitation Code Indicate service requested: "FS" for full service, "PS" for partial service, "NS" for no service INSPECTIONS PLANS REVIEW PERMITTING Building (commercial) "FS" "FS" "FS" Residential (1 & 2 family) "FS" "FS" "FS" Plumbing "FS" "FS" "FS" Electrical "FS" "FS" "FS" Mechanical "FS" "FS" "FS" Mobile /Manufactured "FS" "FS" "FS" Modular construction "FS" "FS" "FS" 2 1.2. The County shall perform the above Services through its Building Division, or any successor division department that the County Manager may designate. 1.3. It is understood and agreed that the County may be required to employ additional personnel to perform the Services required under this Agreement. 1.4 The County shall perform the Services listed in this Article and shall charge appropriate fees for such Services as set out in the Orange County Fee Schedule, attached as Exhibit A, and as it may be amended from time to time. 1.5 The County shall by the 5th of the following month, provide the Town with a monthly activities statement detailing the number and type of permits issued, the number and type of inspections and plan reviews completed. ARTICLE 2 -FUNCTIONS AND DUTIES NOT TRANSFERRED TO COUNTY 2.1. It is specifically understood and agreed that all rights and powers as may be vested in the Town through any law or ordinance or Charter provision of the Town not specifically addressed by this Agreement, shall be retained by Town. It is further understood and agreed that this Agreement is not intended to address any of the functions listed below: a) Legal Services, (For The Enforcement Of Services Outlined in Article 1) E.g.: Enforcement actions taken by County for Stop Work Orders, Condemnation etc. would not be pursued in Court by County legal staff if order is not complied with. This would be the responsibility of Town legal staff. b) Professional Engineering. 2.2. In the event Town desires to have the County provide any of the Services identified in paragraph 2.1(a) or (b) above, a separate agreement shall be required between the Town and the County. Other independent agreements are necessary to effectuate these or other service areas not listed in Article 1. ARTICLE 3 -RESPONSIBILITIES OF TOWN OF HILLSBOROUGH 3.1 The Town shall deliver a projection of "approved and proposed developments" by December 7th, each year of contract; which will describe in detail the scope and timeline of proposed and approved development then pending within the Town's zoning jurisdiction, so that required plan review and permit building square footage and associated Services may be determined by the County, except as provided in Section 3.2. 3.2 The Town shall deliver to the County a projection of "approved and proposed developments" for the contract year 2011, within one (1) week of the effective date of this Interlocal Agreement. ARTICLE 4 -COMPENSATION 3 4.1. Permits shall be issued by the County and in accordance with the fees charged by the County, as such fees may be amended from time to time. All fees shall be based on the uppr~;ved Orange County Fee Schedule to provide the Services set forth in Article 1.1 above. County shall retain all fees collected from the building permit applicant and no other reimbursement from Town will be required. ARTICLE 5 -TERM OF INTERLOCAL AGREEMENT 5.1. This Agreement shall become effective upon execution by the County and shall continue in full force and effect until midnight, December 31, 2011, unless terminated by either party as provided for herein. The Interlocal Agreement may be renewed up to four (4) additional one-year terms upon the written agreement of both parties. If, at the expiration of the initial one-year term of any subsequent one-year term, the parties have not renewed this Interlocal Agreement, and if the Town has not established other means of providing the services set out in Article 1 above, the terms and conditions of this Interlocal Agreement will continue in full force and effect for a period of ninety (90) days from the date of the expiration of the one-year term. The purpose of this ninety (90) day extension is to allow the Town sufficient time to establish provision of the services set out in Article 1 above or to allow the parties sufficient time to extend this Interlocal Agreement. Upon the expiration of the ninety (90) day extension, in no event and under no circumstances will the County provide or be obligated to provide further services of any kind pursuant tc this Interlocal Agreement or any extension thereof. 5.2. This Agreement shall remain in full force and effect until it expires or through the termination date or any extended termination date, as set forth above or in Article 8 - Termination below. . ARTICLE 6 -GOVERNMENTAL IMMUNITY The Town will indemnify and hold the County harmless from any and all claims, demands or actions whatsoever arising from the County's provision of services under this Agreement unless the same results from the intentional or negligent conduct of the County. It is the intent of this Section that the Town indemnifies the County to the fullest extent permitted by law. ARTICLE 7 -INSURANCE The County and the County's employees performing services pursuant to this Agreement are insured to the extent permitted by law. The parties acknowledge and represent that the Agreement does not create an obligation on part of the County to insure the Town or employees of the Town for actions relating to or undertaken in accordance with this Agreement. ARTICLE 8 -TERMINATION Either party may terminate this Interlocal Agreement, with or without cause, by providing notice to the other party of termination in writing at least one (1) year prior to the effective date of termination. This Interlocal Agreement may also be terminated by court order upon the finding that there has been substantial breach of this Interlocal Agreement by the non- complaining party so as to entitle the complaining party to be relieved of its obligations under this Interlocal Agreement. ARTICLE 9 -NOTICES Any and all notices given or required under this Agreement shall be in writing and may be delivered in person or by United States mail, postage prepaid, first class and certified, return receipt requested, addressed as follows: To County: Frank Clifton Orange County Manager 200 S. Cameron Street P.O. Box 8181 Hillsborough, N.C. 27278 With copy to: Craig N. Benedict, AICP Orange County Planning & Inspections Director P.O. Box 8181 131 W. Margaret Lane, Suite 201 Hillsborough, N.C. 27278 To Town: Eric Peterson Hillsborough Town Manager 101 E. Orange Street Hillsborough, N.C. 27278 With copy to: Margaret Hauth, AICP Hillsborough Planning & Inspections Director 101 E. Orange Street Hillsborough, N.C. 27278 Jerry Wagner Fire Marshal Town of Hillsborough PO Box 429 Hillsborough, N.C. 27278 ARTICLE 10 -MISCELLANEOUS PROVISIONS 10.1 ASSIGNMENT: County shall perform the selected Services provided for in this Agreement exclusively and solely for the Town which is a party to this Agreement. Neither party shall have the right to assign this Agreement. 10.2. WAIVER: The waiver by either party of any failure on the part of the other party to perform in accordance with any of the terms or conditions of this Agreement shall not be construed as a waiver of any future or continuing similar or dissimilar failure. 5 10.3. SEVERABILITY: The invalidity of any provision of this Agreement shall in no way affect the validity of any other provision. 10.4. ENTIRE AGREEMENT: It is understood and agreed that this Agreement incorporates and includes all prior negotiations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations of agreements, whether oral or written. 10.5. MODIFICATION: It is further agreed that no modifications, amendments or alterations in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. This section shall not apply to the Orange County Fee Schedule attached hereto as Exhibit A. 10.6. CHOICE OF LAW; WAIVER OF JURY TRIAL: Any controversies or legal disputes arising out of this transaction and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts of the State of North Carolina, seated at Orange County, North Carolina, and shall be governed by the laws of the State of North Carolina. To encourage prompt and equitable resolution of any litigation that may arise hereunder, each party hereby waives any rights it may have to a trial by jury of any such litigation and will submit to bench trial. 10.7. DRAFTING: This Agreement has been negotiated and drafted by all parties hereto and shall not be more strictly construed against any party because of such party's preparation of this Agreement. 10.8. RECORDING: This Agreement may be recorded in the public records of Orange County, in accordance with the North Carolina General Statutes. IN WITNESS WHEREOF, the parties hereto have made and executed this Interlocal Agreement Between Orange County and Town of Hillsborough for selected Services to be Performed by the Orange County Planning and Inspections Department, Building Division on the respective dates under each signature: Orange County through its Board of County Commissioners, signing by and throu hits Chair or Vice Chair, authorized to execute same by Board action on the ~r of ~i ~ l~ ~aa~e> and the Town, signing by and through its _ ~t ~- ,authorized to execute same by Commission action on the day of ou+~u~,u , .Zd// (ante>. Orange County, North Carolina Bernadette Pelissier, Chair, Board of Donna S. Baker, Orange County Board of Commissioners Town of Hillsborough, North Carolina 3 +~~ By. r, Eric Peter on; Town Manager ATTEST: Approved as to technical content: Approved as to form and legal sufficiency: Approved as to technical content: Approved as to form and legal sufficiency: Roberts, Orange County This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act.