HomeMy WebLinkAboutPC NHC Interlocal Agreement - Scotts Hill Medical Center - Approved 12.5.2022New Hanover County Contract #22-0425
STATE OF NORTH CAROLINA
AGREEMENT
COUNTY OF NEW HANOVER
THIS AGREEMENT, made and entered this day of aeC@mer2022 by and
between PENDER COUNTY, North Carolina, a political subdivision of the State of North
Carolina, hereinafter referred to as "Pender"; and NEW HANOVER COUNTY, a political
subdivision organized under the laws of the State of North Carolina, hereinafter referred
to as "New Hanover."
W I T N E S S E T H
WHEREAS, the Novant Health New Hanover Regional (NHNHR) parcel located at 9144
Market St. and 10014 US HWY 17 crosses the common boundary of Ponder County and
New Hanover County; and
WHEREAS, the community and economic development benefits generated by NHNHR
are mutually beneficial to both counties.
NOW THEREFORE, for and in consideration of the mutual promises and other good and
valuable consideration set forth herein, Pender and New Hanover hereby agree, effective
the 1 st day of October, 2022 as follows as regards Parcel 3270-28-5867-0000 situated in
Ponder County
1. Ponder requests and authorizes New Hanover to perform all necessary zoning
within Ponder utilizing the Ponder County Unified Development Ordinance (UDO).
New Hanover shall collect and retain any and all resulting zoning authorizations,
permits or inspection fees. This authorization shall be deemed to have an effective
date of October 1, 2022. Originals of development reviews, authorizations, plans,
inspection reports and certifications shall be made available to and retained by
Ponder. Ponder shall provide to New Hanover any requested documents relating
to the UDO, including templates forms and other documents. Should there be any
quasi-judicial determinations necessary for the property within Pender County,
those shall be handled by the Ponder Board with jurisdiction for such
determinations.
2. Pursuant to N.C. State Building Code: Administrative Code and Policies, Section
204 City and County Government, and Section 204.2.2 Jurisdiction, and N.C,
General Statute 160D-1107, Mutual Aid Contracts, as recodified from time to time,
and as otherwise allowed by law, Ponder requests, authorizes, and covenants with
New Hanover for New Hanover to perform code enforcement over the above
specifically referenced parcel, within Ponder County, for all necessary plan
reviews, building permit issuances, building inspections, and certification of
occupancy issuance. In return for providing such contracted services, New
Hanover shall collect and/or retain any and all resulting permit issuance and
inspection fees. If this Agreement is terminated, then code enforcement within
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New Hanover County Contract #22-0425
Pender County shall be handled by Pender and code enforcement within New
Hanover County shall be handled by New Hanover.
3. Pender requests and authorizes New Hanover to provide professional
development review services for any development permitted by -right by the
Pender County UDO within Pender County to ensure that all standards of the UDO
are met, including general development standards such as, but not limited to,
parking, landscaping, zoning district compliance, and site plan approval process.
4. New Hanover shall provide all plan reviews, permitting and inspections for Fire
Code within Pender County through the time of certificate of occupancy issuance,
and collect and retain any fees for such services. Inspections subsequent to
certificate of occupancy shall be conducted by the respective fire marshal of each
County as required by law or regulation.
5. Pender will delegate Sedimentation and Erosion Control and Stormwater within
Pender County to New Hanover County for review and permitting, as long as
approvals are consistent with state and Pender rules for the Pender County portion
of the site. To the extent practicable, Pender shall provide coordination with its staff
in regards to Stormwater requirements.
6. Either party may terminate this Agreement by giving one hundred twenty (120)
days written notice to the other before the effective date of termination; provided,
however, that if an application for a development approval, permit or determination
is pending, no termination of this Agreement shall occur until after the initial
development of the property is complete and a certificate of occupancy is issued.
Termination of this Agreement will not affect the validity of any approvals, permits
or determinations issued prior to the date of the termination pursuant to this
Agreement.
7. Should any provision of this Agreement be determined to be void, invalid
unenforceable or unlawful for whatever reason, such provision(s) shall be null and
void, provided, however that the remaining provisions of this Agreement shall be
unaffected thereby and shall continue to be valid and enforceable.
IN WITNESS WHEREOF, the parties hereto, have caused the execution of this
Agreement under seal and by authority duly given the day and year below written.
SIGNED this 5�N day of bee m be r , 2022.
PENDER COUNTY
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(SEAL)
ATTE
Clerk to the Board
New Hanover County Contract #22-0425
D.eA- - L -4,1,.%j0 —
Pender County anager
STATE OF N TH C]AROLINA
COUNTY OF tr
I 1a de(yiel, rieC , a Notary Public of the State and County
aforesaid, certify that { r ;o personally came before me
this day and acknowledged that (s)he is Clerk to the Board of Commissioners of Pender
County, and that by authority duly given and as the act of the Board of Commissioners,
the foregoing instrument was signed in its name by its County Manager, sealed with its
corporate seal and attested by herself as its Clerk.
Witness my hand and official seal, this the I day of DLett60 , 2022.
Notary Public
My Commission Expires: f - ls,w
CKI��460T
This instrument has been pre -
AJOUNG
audited in the manner required
by the Local Government Budget
ac
and Fiscal Control Act.
PWdef C60nty Finance
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New Hanover County Contract #22-0425
Approved as to form:
Pd,Kder Couhty Attorney
[REST OF PAGE INTENTIONALLY BLANK.
NEW HANOVER COUNTY DIGI TAL SIGNATURE PAGE ATTACHED HERETO
AND INCORPORATED HEREIN BY REFERENCE.]
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