The City of Longview has enacted a Stormwater Ordinance in order to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing in watersheds within this jurisdiction. The City of Longview is the permitting authority for all land disturbing activities and requires the land owner to maintain all on-site stormwater control facilities and all open space areas (e.g. parks or “green” areas) required by the approved stormwater control plan. The City of Longview will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. The City of Longview, under the NPDES program, also has the authority to inspect properties for noncompliance and can issue a notice of violation (NOV) for any deficiency or infraction onsite. Property owners are responsible for the maintenance of any stormwater facilities or practices located on the property. The City of Longview has the authority to inspect stormwater facilities and practices in order to ascertain that they are properly maintained and functioning.
17.80.020 Purpose.
(1) The purpose of this chapter is to protect, maintain and enhance the health, safety, and general welfare of the citizens of the city of Longview by establishing minimum requirements and procedures to manage stormwater runoff and nonpoint source pollution associated with new development and redevelopment in order to:
(a) Protect surface water and groundwater from water quality degradation, and to protect established beneficial uses of receiving waterbodies;
(b) Prevent erosion and sedimentation and resulting impacts to receiving waterbodies, public and private property, and infrastructure including the city’s stormwater drainage system and CDID No. 1 flood control system;
(c) Protect public and private property and infrastructure from flooding and damage due to increased stormwater runoff rates and volumes from new development and redevelopment of land, as well as changes in the direction and nature of runoff and drainage;
(d) Protect the public right-of-way to ensure adequate stormwater drainage and maintain public safety;
(e) Provide for sustainable development and stormwater management approaches that enhance the livability of the community;
(f) Meet the requirements of state and federal law and the city’s Western Washington Phase II Municipal Stormwater Permit (NPDES permit).
17.80.030 Applicability.
(1) Provisions of this chapter shall apply to all new development, redevelopment, and land disturbing activities, as defined herein, and all applications for such activities submitted on or after July 1, 2017, and to applications submitted prior to July 1, 2017, which have not started construction by June 30, 2022.
(2) The following are exempt from certain provisions of this chapter:
(a) Forest practices regulated under WAC Title 222, except for Class IV general forest practices that are conversions from timberland to other uses.
(b) Commercial agriculture practices involving working the land for production are generally exempt. However, the conversion from timberland to agriculture and the construction of impervious surfaces are not exempt.
(c) Oil and gas field activities or operations including construction of drilling sites, waste management pits, and access roads, as well as construction of transportation and treatment infrastructure such as pipelines, natural gas treatment plants, natural gas pipeline compressor stations, and crude oil pumping stations are exempt. Operators are encouraged to implement and maintain best management practices to minimize erosion and control sediment during and after construction activities to help ensure protection of surface water quality.
(d) Landscape maintenance activities and gardening.
(e) The following pavement maintenance practices are exempt: pothole and square cut patching, overlaying existing asphalt or concrete pavement with asphalt or concrete without expanding the area of coverage, shoulder grading, reshaping/regrading drainage systems, crack sealing, resurfacing with in-kind material without expanding the road prism, pavement preservation activities that do not expand the road prism, and vegetation maintenance. The following pavement maintenance practices are not categorically exempt:
(i) Removing and replacing a paved surface to base course or lower, or repairing the pavement base: If impervious surfaces are not expanded, Minimum Requirement Nos. 1 through 5 apply.
(ii) Extending the pavement edge without increasing the size of the road prism, or paving graveled shoulders. These are considered new impervious surfaces and are subject to the minimum requirements that are triggered when the thresholds identified for new or redevelopment projects are met.
(iii) Resurfacing by upgrading from dirt to gravel, asphalt, or concrete; upgrading from gravel to asphalt, or concrete; or upgrading from a bituminous surface treatment (“chip seal”) to asphalt or concrete: These are considered new impervious surfaces and are subject to the minimum requirements that are triggered when the thresholds identified for new or redevelopment projects are met.
(f) Underground utility projects that replace the ground surface with in-kind material or materials with similar runoff characteristics are only subject to Minimum Requirement No. 2 (Construction Stormwater Pollution Prevention).
(g) Projects within the geographic boundaries of CDID No. 1 are exempt from Minimum Requirement No. 7 (Flow Control). Local flow control requirements still apply as per LMC 17.80.080(5)(a). (Ord. 3349 § 1, 2017).
17.80.040 Adoption of technical guidance and standards.
(1) For purposes of regulation of activities subject to this chapter, the city hereby adopts by reference the following documents:
(a) The latest edition of the Stormwater Management Manual for Western Washington.
(b) The most current version of the city of Longview Stormwater Management Guidelines.
(c) The most current version of the city of Longview Standard Plans and Details.
(2) To supplement the standards set forth in the SWMMWW, the city may allow the use of technical specifications for BMPs from the following documents, as applicable:
(a) The latest edition of the Washington State Department of Transportation Highway Runoff Manual.
(b) The latest edition of the Low Impact Development Technical Guidance Manual for Puget Sound.
(c) The latest edition of any Ecology-approved Western Washington Phase I MS4 permittee’s SWMMWW-equivalent manual.
(3) Where provisions of this chapter or documents adopted under this section conflict with other documents adopted under this section, or with other provisions of the Longview Municipal Code, the more stringent requirements, which have the most protective effect on water quality, shall apply. (Ord. 3349 § 1, 2017).
(1) Director. The director shall administer, implement, and enforce the provisions of this chapter.
(2) Excavation and Grading Permit. All projects subject to the requirements of LMC 17.80.070 shall submit an application for a city excavation and grading permit from the department of public works. This requirement is waived if an application for a building, plumbing, electrical, right-of-way, and/or public improvement permit for the same project is submitted.
(3) Stormwater Submittals. Any application for new development or redevelopment governed by this chapter shall include the required submittals described in LMC 17.80.070. The purpose of the submittals is to determine whether the proposed project can meet the requirements set forth in this chapter. All submittals shall be prepared following the guidance included in the city of Longview Stormwater Management Guidelines. The director may request additional plans, data, studies and information during the review process, as required, in order to make this determination.
(4) All plans, studies, and reports submitted pursuant to this chapter must be stamped, signed and dated by an engineer licensed in Washington State, or other licensed professionals if appropriate, responsible for their preparation. New development and redevelopment projects with less than 2,000 square feet of new plus replaced hard surface area and/or a project on a single-family residential lot only required to meet Minimum Requirement Nos. 1 through 5, are exempt from this requirement. (Ord. 3349 § 1, 2017).
New development and redevelopment projects shall provide stormwater submittals at the time of application for a permit. These submittals depend on the size and nature of the project.
(1) The following are required to submit a site drainage plan and a construction SWPPP that complies with Minimum Requirement No. 2 and all applicable city standards:
(a) Projects with land disturbing activities of at least 5,000 square feet but less than 7,000 square feet that do not meet the thresholds of subsection (2) or (3) of this section; or
(b) Projects that result in at least 500 square feet but less than 2,000 square feet of new plus replaced hard surface area.
(2) The following are required to submit a stormwater site plan that complies with Minimum Requirement Nos. 1 through 5 and all applicable city standards. The requirements apply to the new and replaced hard surfaces and the disturbed land areas:
(a) Projects with land disturbing activities of 7,000 square feet or greater that do not meet the thresholds of subsection (3) of this section; or
(b) Projects that result in at least 2,000 square feet but less than 5,000 square feet of new plus replaced hard surface area; or
(c) Redevelopment projects that result in 5,000 square feet or more of new plus replaced hard surface area, but less than 5,000 square feet of new hard surface area, and where the total value of the proposed improvements, including interior improvements, does not exceed 50 percent of the assessed value of the existing site improvements.
(3) The following are required to submit a stormwater site plan that complies with Minimum Requirement Nos. 1 through 9 and all applicable city standards. The requirements apply to the new and replaced hard surfaces, disturbed land areas, and converted vegetation areas:
(a) New development and redevelopment projects that result in 5,000 square feet or more of new plus replaced hard surface area; or
(b) Redevelopment projects that result in 5,000 square feet or more of new hard surface area; or
(c) Projects that convert 0.75 acres or more of native vegetation to lawn or landscaped areas; or
(d) Projects that convert two and one-half acres or more of native vegetation to pasture.
(4) Redevelopment projects meeting the thresholds of subsection (3)(b) of this section, when the total value of the proposed improvements, including interior improvements, does not exceed 50 percent of the assessed value of the existing site improvements, are not required to apply Minimum Requirement Nos. 6 through 9 to the replaced hard surface areas. (Ord. 3374 § 1, 2018; Ord. 3349 § 1, 2017).
(1) Long-Term Maintenance Required. Stormwater BMPs, facilities, and other stormwater infrastructure, approved by the city and constructed after 2009, shall be maintained according to the approved maintenance agreement and plan required under LMC 17.80.080(10), or the minimum maintenance standards included in the SWMMWW.
(2) Responsible Party. All required long-term maintenance activities shall be undertaken by the party or parties identified in the approved maintenance agreement, unless such responsibility is transferred to the city as provided in LMC 17.80.120, or to another entity as provided in the maintenance agreement.
(3) Inspections. The city shall inspect privately maintained facilities for compliance with the requirements of this chapter. If the party or parties responsible for long-term maintenance fail to maintain their facilities to acceptable standards, the city shall issue a written notice specifying required actions to be taken in order to bring the facilities into compliance.
l make records of all maintenance and repairs, and shall retain the records for at least five years. These records shall be made available to public works during on-site inspections and at other re(4) Records of Maintenance Activities. The party or parties responsible for long-term maintenance shalasonable times upon request. (Ord. 3349 § 1, 2017).
It shall be unlawful to violate the provisions of this chapter. Enforcement of this chapter shall be in accordance with Chapter 1.33 LMC or any other means available by local, state and/or federal law. (Ord. 3349 § 1, 2017).
City of Longview Stormwater Ordinance