HomeMy WebLinkAboutAgenda - 09-02-2021; 8-l - Revision of a 1986 MOU between the Town of CH and OC for the County to Provide Enforcement of CH’s Soil Erosion and Sedimentation Cntrl Reg 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 2, 2021
Action Agenda
Item No. 8-1
SUBJECT: Revision of a 1986 Memorandum of Understanding between the Town of
Chapel Hill and Orange County for the County to Provide Enforcement of
Chapel Hill's Soil Erosion and Sedimentation Control Regulations
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1. Existing Memorandum of Understanding Patrick Mallett, Erosion Control Stormwater
(MOU) (1986) and Engineering Supervisor, 919-245-
2. Revised MOU 2577
3. Chapel Hill Resolution to Revise the MOU Craig Benedict, Planning Director, 919-245-
4 Orange County Resolution to Revise the 2575
MOU
PURPOSE: To consider revisions to an existing Memorandum of Understanding (MOU)
between the Town of Chapel Hill and Orange County regarding the provision of Erosion Control
services by Orange County to the Town of Chapel Hill. These revisions were requested by the
Town to support its Stormwater and Erosion Control program, its delegated authority granted by
the NC Environmental Management Commission (NC EMC), and mandated program
requirements administered by the NC Department of Environmental Quality (NC DEQ).
BACKGROUND: In 1986, Orange County entered into a MOU with the Town of Chapel Hill so
that the County could provide enforcement of the Town's Soil Erosion and Sedimentation
(SE&S) Control regulations - see the existing MOU contained in Attachment 1. The County has
successfully and continuously provided those professional and technical services for over 34
years. Since that agreement, however, Town, County and State requirements, programs, laws
and ordinances have substantially changed. Likewise, both jurisdictions have since been
granted separate "delegated authority" by the NC Environmental Management Commission (NC
EMC) to administer their own exclusive Stormwater and Erosion Control programs. These
programs help meet the mandated federal and state requirements of the National Pollutant
Discharge Elimination System (NPDES) under the Clean Water Act.
In June, NC DEQ conducted a scheduled audit of the Town's Municipal Separate Storm Sewer
System (MS4) Program, which is a requirement to maintain its delegated authority. During the
audit preparation process, the State recommended that the exiting MOU be updated to reflect
current regulations, terms, best practices, and the current state of the agreement. Both Town
and County staffs have worked together to revise and update the MOU — see the revised MOU
contained in Attachment 2. On June 11, 2021 the Chapel Hill Town Council approved a
Resolution authorizing the Town Manager to sign the revised MOU and forward to the BOCC for
consideration and signature — see the signed MOU in Attachment 3.
FINANCIAL IMPACT: There is no direct financial impact associated with the MOU.
2
SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated
with the MOU.
ENVIRONMENTAL IMPACT: The following Orange County Environmental Responsibility Goal
impacts are applicable to this item:
• RESULTANT IMPACT ON NATURAL RESOURCES AND AIR QUALITY
Assess and where possible mitigate adverse impacts created to the natural resources.
RECOMMENDATION(S): The Manager recommends the Board:
1. Receive the Memorandum of Understanding (MOU); and
2. Approve and authorize the Chair to sign the resolution regarding the proposed MOU
revisions and authorize the County Manager to sign the revised MOU on behalf of the
County.
, 3
NORTH CAROLINA AGREEMENT _.
ORANGE COUNTY
The Agreement made and entered into the day of ,
1986, by and between Orange County (County) and t e Town of
Chapel dill (Town) for enforcement of Soil Erosion and Sedimenta-
tion (SEW Control regulations:
WITNESSETH
i£REAS, the Orange County SE&S Officer and staff have enforced
the County SE&S Ordinance in Chapel hill since the mid_1970's
pursuant to resolutions adopted by the Town of Chapel Hill in
1976 and 1979, and pursuant to N.C.G.S. 153A-122; and
WHEREAS, on August 31, 1986, the Town of Chapel Hill annexed
certain areas in Durham County, and on September 22 the Town
Council adapted S£&S regulations substantially identical - to the
ce so that said Town -regulations will
Orange County SE&S Ordinan
apply in all of the Town of Chapel Hill including areas of Durham
County: and
WHEREAS , the Town and County desire to continue enforcement
procedures for consistency in all of the Town pursuant to an
agreement under G.S. 16OA-461;
NOW THEREFORE the Town and County hereby agree as follows:
1 . Orange County shall administer and enforce the Chapel Hill
Soil Erosion and Sedimentation =Ordinance in the Town of
Chapel Hill, including -areas outside Orange County, on
behalf of the Town. Administration shall include by way Of
illustration without limitation, processing applications,
field inspections, -maintaining files rand - records, and �~~
issuing notices.
2. The Erosion Control officer shall inform the Town' s Director -
of Inspections of actions such as revocation of—pe
imposition of -requirements in addition to those in Approved
SEAS plans, appeals, and of other items of which the Erosion
Control Officer desires to inform the: Town; and shall in
addition by .letter notify the Town Manager of much actions.,
3. orange County shall appoint the Erosion Control Officer and
shall establish . application fees subject to review and
approval by the Town if such fees differ from those applica-
ble in Orange County areas outside of the Town of Chapel
Hill .
4 , This agreement shall continue -until terminated. The Town osr
the County mn notice Oto the inate this a£ountye-144 ager or- --Town �Man-
advance writte
ager, as appropriate,
K
4��4Lyy
5 . The Town `Manager or his designee and the Board of County
Commissioners may amend this agreement upon mutual concur-
rence and the Town Manager or County Manager may establish, r.
upon mutual concurrence, administrative procedures to
.._supplement this agreement.
�.
IN WITNESS WHEREOF, the Town and County have caused this instru-
ment to be executed by the Town Manager and County Manager, and
they have hereunto set their hands and seals on the day and year
-first above written.
AIJUY - Date:
f For Orange County
l y
AtteS Li- Date:
tQ.i i
:For the Town of
Attest: i 7L,_22Y
- Approved as to "form and authorization:
� r �
Date;
Town Attorney
This instrument has been pre-audited in -the manner required by
. the Local Government-Sudget and Fiscal Control Act.
_.f,. �'tti r�r•. ��� Date:
F nce Director
5
Attachment 2
NORTH CAROLINA AGREEMENT
ORANGE COUNTY
This Agreement is made and entered into the day of ,by and between
Orange County(County) and the Town of Chapel Hill(Town)for enforcement of Soil Erosion and
Sedimentation(SE&S) Control regulations:
WITNESSETH
WHEREAS, the Orange County SE&S Officer and staff have enforced Getifity the Town's SE&S
Ordinance in Chapel Hill since the mid-1970s pursuant to the resolutions adopted by the Town of Chapel
Hill in 1976, 1979, and 1986, and pursuant to N r r c ,53 n 122; and
WHEREAS, on August 31, 1986, the Town of Chapel Hill annexed certain areas in Durham County, and
on September 22, 1986,the Town Council adopted SE&S regulations substantially identical to the Orange
County SFAs O-a:.,.nee so that said T.,.,,., regulations will that apply in all of the Town of Chapel Hill
including areas of Durham County; and
WHEREAS, the Town and County desire to continue their coordinated SE&ES regulations and
enforcement procedures for consistency in all of the Town pursuant to an agreement under G.S. 160A-461
and the Town's SE&S Ordinance;
NOW THEREFORE the Town and County hereby agree as follows:
1. Orange County shall administer and enforce the Chapel Hill Soil Erosion and Sedimentation
Ordinance in the Town of Chapel Hill, including areas outside Orange County, on behalf of the
Town. Administration shall include by way of illustration without limitation:; processing
applications;;collecting fees;;reviewing plans;;conducting field inspections;;maintaining files and
records and issuing notices.
2. The Erosion Control Officer shall inform the Town's Director
of Public Works and the Stormwater Management Division Senior Engineer of actions such as
revocation of permits, imposition of requirements in addition to those in approved SE&S plans,
appeals, and of similar occurrences significant to the administration and enforcement of the
Ordinance;other items of which the Erosion Control Officer desires to inform the Town; and shall
in addition by lette notify the Town Manager of such actions.
3. Orange County shall appoint the Erosion Control Officer and shall establish and collect application
fees. The fees shall be subject to review and approval by the Town if such fees differ from those
applicable in Orange County areas outside of the Town of Chapel Hill.
4. Orange County and the Town shall each establish a Primary Point of Contact(POC)to coordinate
SE&S activities and requests. These POCs will also collaborate toward the issuance of monthly
progress reports and data relevant to their programs.
5. Orange County shall notify the Town of Chapel Hill in writing through email within 3 business
days if the County's delegated program is put on probation by the Division of Energy,Mineral and
Land Resources (DEMLR). The written submission shall contain a description of the basis for the
probation and its causes. Upon request of the Town, Orange County shall provide documentation
relevant to DEMLR's determination. Within 3 business days of receiving notice from DEMLR
6
that the Notice of Violation has been resolved and that the probationary status has been lifted,
Orange County shall provide this information and forward this notice to the Town through email.
Notifications required by this paragraph shall also be given to the Town's Director of Public Works
and the Stormwater Management Division Senior Engineer.
6. The County and/or the Town will reimburse the other party for any and all reasonable litigation
costs, fees (including attorney fees), and expenses incurred incident to any suit, action or
proceeding arising due to failure or neglect of the other party in fulfilling its duties to administer,
enforce, and otherwise implement the agreed upon SE&S program components resulting from the
suspension of their perspective Erosion Control Programs and/or delegated authority by North
Carolina Department of Environmental Quality.
7. This Agreement shall continue until terminated.The Town or County may terminate this agreement
upon 120 days advance written notice to the County Manager or Town Manager, as appropriate.
8. The Town Manager or their designee and the Board of County Commissioners may amend this
Agreement upon mutual concurrence and the Town Manager or County Manager may establish,
upon mutual concurrence, administrative procedures to supplement this Agreement.
IN WITNESS WHEREOF,the Town and County have caused this instrument to be executed by the Town
Manager and County Manager, and they have hereunto set their hands and seals on the day and year first
written above.
Date:
For Orange County
Attest: Date:
Date:
For the Town of Chapel Hill
Attest: Date:
Approved as to form and authorization:
Date:
Town Attorney
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal
Control Act
Date:
Fiscal Director
7
I, Amy T. Harvey, Deputy Town Clerk of the Town of Chapel Hill, North Carolina,
hereby certify that the attached is a true and correct copy of (2021-05-05/11-6)
adopted by the Chapel Hill Town Council on May 5, 2021.
This the 6t" day of May, 2021.
a
W 60
Amy T. Harvey
Deputy Town Clerk
• •
8
A RESOLUTION TO AUTHORIZE THE TOWN MANAGER TO EXECUTE THE AMENDED
AGREEMENT BETWEEN THE TOWN OF CHAPEL HILL AND ORANGE COUNTY FOR
ENFORCEMENT OF SOIL EROSION AND SEDIMENTATION CONTROL (2021-05-05/111-6)
WHEREAS, the North Carolina Department of Environmental Quality has recommended that all NPDES
Phase II communities that are relying on another entity to implement any of the six-minimum
measures of the NPDES Phase II Municipal Separate Storm Sewer System (MS4) to consider including
specific contractual items in any service agreement; and
WHEREAS, the Town of Chapel Hill delegated to Orange County enforcement of the Town's Ordinance
for Soil Erosion and Sedimentation Control; and
WHEREAS, both Orange County and Town of Chapel Hill Attorneys reviewed the amended agreement
and recommended that the Council accept the amended agreement.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council
authorizes the Town Manager to execute the amended Soil Erosion and Sedimentation Control
Agreement between the Town of Chapel Hill and Orange County to add the contractual items
recommended by NCDEQ, as described in the May 5, 2021 meeting materials.
This the 5th day of May, 2021.
9
NORTH CAROLINA AGREEMENT
ORANGE COUNTY
This Agreement is made and entered into the _ day of , 2021, by and between
Orange County (County) and the Town of Chapel Hill (Town) for enforcement of Soil Erosion
and Sedimentation(SE&S) Control regulations:
WITNESSETH
WHEREAS, the Orange County SE&S Officer and staff have enforced the Town's SE&S
Ordinance in Chapel Hill since the mid-1970s pursuant to the resolutions adopted by the Town of
Chapel Hill in 1976, 1979, and 1986; and
WHEREAS, on August 31, 1986, the Town of Chapel Hill annexed certain areas in Durham
County, and on September 22, 1986, the Town Council adopted SE&S regulations that apply in
all of the Town of Chapel Hill including areas of Durham County; and
WHEREAS, the Town and County desire to continue their coordinated SE&S regulations and
enforcement procedures for consistency in all of the Town pursuant to an agreement under G.S.
160A-461 and the Town's SE&S Ordinance;
NOW THEREFORE the Town and County hereby agree as follows:
1. Orange County shall administer and enforce the Chapel Hill Soil Erosion and
Sedimentation Ordinance in the Town of Chapel Hill, including areas outside Orange
County, on behalf of the Town.Administration shall include by way of illustration without
limitation: processing applications; collecting fees; -reviewing plans; conducting field
inspections; maintaining files and records; and issuing notices.
2. The Erosion Control Officer shall inform the Town's Director of Public Works and the
Stormwater Management Division Senior Engineer of actions such as revocation of
permits, imposition of requirements in addition to those in approved SE&S plans, appeals,
and of similar occurrences significant to the administration and enforcement of the
Ordinance; and shall in addition notify the Town Manager of such actions.
3. Orange County shall appoint the Erosion Control Officer and shall establish and collect
application fees. The fees shall be subject to review and approval by the Town if such fees
differ from those applicable in Orange County areas outside of the Town of Chapel Hill.
4. Orange Countv and the Town shall each establish a Primary Point of Contact (POC) to
coordinate SE&S activities and requests. These POCs will also collaborate toward the
issuance of monthly progress ss reports and data relevant to their programs
5. Orange County shall notify the Town of Chapel Hill in writing through email within 3
business days if the County's delegated program am is put on probation by the North Carolina
Department of Environmental Quality Division of Energy Mineral and Land Resources
(DEMLR). The written submission shall contain a description of the basis for the probation
and its causes. Upon request of the Town Orange County shall provide documentation
relevant to DEMLR's determination. Within 3 business days of receiving notice from
DEMLR that the Notice of Violation has been resolved and that the probationary status has
10
been lifted, Orange County shall provide this information and forward this notice to the
Town through email. Notifications required by this paragraph shall also be given to the
Town's Director of Public Works and the Stormwater Management Division Senior
Engineer.
6. The County and/or the Town will reimburse the other partfor any and all reasonable
litigation costs, fees (including attorney fees) and expenses incurred incident to any
action or proceeding arising due to failure or neglect of the other party in fulfilling its duties
to administer, enforce, and otherwise implement the agreed upon SE&S program
components resulting in the suspension of delegated authority by the Division of Energy=
Mineral and Land Resources (DEMLR).
7. This Agreement shall continue until terminated. The Town or County may terminate this
agreement upon 120 days advance written notice to the County Manager or Town Manager,
as appropriate.
8. The Town Manager or their designee and the Board of County Commissioners may amend
this Agreement upon mutual concurrence and the Town Manager or County Manager may
establish, upon mutual concurrence, administrative procedures to supplement this
Agreement.
i
IN WITNESS WHEREOF the Town and County have caused this instrument to be executed by
the Town Manager and County Manager, and they have hereunto set their hands and seals on the
day and year first written above.
Date:
For Orange County
Attest: Date:
Date:
For the Town of
Attest: =`a` Date:
r
App o e to form and authorization:
Date: V1112v
Town Attorney
This instrument has been pre-audited in the manner required by the Local Government Budget
and Fiscal Control Act
Date:
Fiscal Director, Uff^- _1-
I
11
Attachment 4
Resolution # RES-2021-054
A RESOLUTION TO APPROVE AMENDMENTS TO A MEMORANDUM OF
UNDERSTANDING AGREEMENT BETWEEN THE TOWN OF CHAPEL HILL AND
ORANGE COUNTY FOR ENFORCEMENT OF SOIL EROSION AND SEDIMENTATION
CONTROL AND TO AUTHORIZE THE COUNTY MANAGER TO EXECUTE THE
AGREEMENT
WHEREAS, the North Carolina Department of Environmental Quality (NC DEQ)
has recommended that all NPDES Phase II communities that are relying on another
entity to implement any of the six minimum measures of the NPDES Phase II Municipal
Separate Storm Sewer System (MS4) consider including specific contractual items in
any service agreement; and
WHEREAS, since 1986 when an Agreement was executed, the Town of Chapel
Hill has delegated to Orange County the enforcement of the Town's Ordinance for Soil
Erosion and Sedimentation Control; and
WHEREAS, both Orange County and Town of Chapel Hill Staffs and Attorneys
have reviewed the amended MOU agreement and recommended that the County
accept the amended MOU agreement; and
WHEREAS, Town of Chapel Hill has signed the amended MOU agreement.
NOW, THEREFORE, BE IT RESOLVED THAT the Orange County Board of
Commissioners hereby approves the amendments to the MOU agreement and
authorizes the County Manager to execute the amended Soil Erosion and
Sedimentation Control Agreement between the Town of Chapel Hill and Orange
County, as described in the September 2, 2021 meeting materials.
This the day of 2021.
Renee Price, Chair
Orange County Board of Commissioners
ATTEST:
Laura Jensen, Clerk to the Board of County Commissioners