(1) 
This article is enacted as an exercise of the city's police power as set forth in Section 11 of the Washington Constitution to protect and preserve the public health, safety, and welfare of the citizens of Longview and as authorized by RCW 35A.80.010 and Chapter 35.67 RCW.
(2) 
The purpose of this article is to provide for the planning, security, design, construction, use, maintenance, repair, and inspection of both public and private stormwater systems within the utility service area and to establish programs and regulations to provide for appropriate use of such public and private stormwater systems.
(Ord. 3533 § 1, 2024)
(1) 
There is hereby created and established the stormwater utility of the city of Longview under which the provisions of this article shall be carried out.
(2) 
The public works director shall be the administrator for the stormwater system. As administrator, the director is authorized to administer, interpret, implement, and enforce the provisions of this article and to promulgate rules and procedures that are consistent with and implement this article except as provided in this section. The director may designate individuals to assist in administering this article.
(a) 
Decisions of the Director.
(i) 
Any person aggrieved by a decision of the director may file a written petition with the city manager for a review of the director's decision. The appeal shall include a complete statement of the reason or reasons that form the basis of the appeal.
(ii) 
The city manager may affirm or reverse the decision of the director, and any order, requirement, decision, or determination.
(iii) 
Decisions of the city manager may be appealable to the hearing examiner of the city within 10 days thereafter, which appeal shall be upon written notice to the hearing examiner, and which appeal shall be considered within 10 days after receipt thereof by the city. The appeal shall include a complete statement of the reason or reasons that form the basis of the appeal. The decision of the hearing examiner shall be final, binding, and conclusive.
(3) 
The director of finance shall be responsible for billing of utilities services and the administration and enforcement of utility accounts as provided in LMC § 2.33.010.
(Ord. 3533 § 1, 2024)
It is the express intent of the city council that the stormwater utility shall be a self-supporting utility operated without drawing upon the general funds of the city. It is the aim of the council by this article to provide that:
(1) 
The total annual revenue of the stormwater utility shall be such as to provide the necessary funds to ensure success of the principle of self-support;
(2) 
The cost of installation of that portion of the utility which specially benefits the real property in the area served shall be assessed against such property on a proportionate basis;
(3) 
The cost of installation of that portion of the utility which does not specially benefit the real property in the area served but which benefits the community as a whole shall be borne by the revenues of the utility;
(4) 
The total annual revenues of the utility shall be contributed by users for whose use, need and benefit the facilities of the utility are provided approximately in proportion to the cost of providing the use and benefits of said utility.
(Ord. 3533 § 1, 2024)
(1) 
The city shall own all currently existing stormwater facilities in the public rights-of-way and in easements previously dedicated to the public and accepted by the city, except to the extent that private ownership is otherwise indicated as a matter of record. Such facilities typically include stormwater inlets/catch basins, pipes/mains, culverts, roadside ditches, treatment and flow control facilities, and outfalls.
(2) 
Title to and all other incidents of ownership of the following assets are vested in the stormwater utility: all properties, interests and physical and intangible rights of every nature owned or held by the city, however acquired, insofar as they relate to or concern stormwater and surface waters.
(3) 
Once stormwater facilities have been constructed, approved, and accepted by the city, the city shall be responsible for the maintenance, operation, repair, and replacement of the facilities located within the public rights-of-way but serving private property unless otherwise provided by agreement, local ordinance, or state law.
(4) 
Private Ownership of Stormwater Laterals and Connections. In improved and unimproved roadways, alleyways, easements, and utility corridors, all stormwater laterals and connections to the public system located on private property are exclusively owned by the underlying property owner(s), unless otherwise assigned or dedicated by easement to and accepted by the city, except to the extent that public ownership is otherwise indicated as a matter of record. The property owner is responsible for the routine maintenance, repair or replacement of the stormwater lateral or connection from the property to the street or public stormwater system.
(5) 
The city may accept ownership and/or maintenance responsibility for existing private stormwater facilities, provided:
(a) 
City ownership of the facility would provide a public benefit;
(b) 
Necessary and appropriate property rights are offered by the property owner at no cost to the city;
(c) 
The facility substantially meets current standards, as determined by the city, or is brought up to current standards by the owner prior to acceptance;
(d) 
The city has adequate resources to maintain the facility; and
(e) 
The facility is transferred to the city by bill of sale at no cost to the city;
(f) 
Right-of-entry is provided to the city.
(Ord. 3533 § 1, 2024; Ord. 3540 § 1, 2024)
(1) 
The city shall prepare and maintain a stormwater master plan for the system and adopt such plan by ordinance.
(2) 
Amendments to the plan, as necessary to ensure compliance with applicable law and the needs of the city, shall be processed as necessary.
(Ord. 3533 § 1, 2024)
The City of Longview Engineering Special Provisions and Standard Drawings and the latest edition of the Stormwater Manual for Western Washington shall be utilized for the processes, design and construction criteria, inspection requirements, standard plans, and technical standards related to the development of the stormwater system.
(Ord. 3533 § 1, 2024; Ord. 3540 § 1, 2024)
(1) 
The director may grant a variance from the provisions of this chapter subject to the process and criteria set forth in LMC § 12.50.020.
(2) 
The director may authorize deviations to the applicable requirements of the Engineering Special Provisions and Standard Drawings subject to the process and criteria set forth in LMC § 12.50.020.
(Ord. 3533 § 1, 2024)