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<br />~ <br /> <br />~ <br /> <br />Ord. 81- <br />Page 4 <br /> <br />Page 51 <br /> <br />No buildings or structures shall be constructed within the excess storm <br />water passage; however, streets, parking lots, playgrounds, park areas, pedes- <br />trian walkways, utility easements and other open space uses shall be considered <br />compatible uses within the excess storm water passage. <br /> <br />Where a proposed development contains an existing natural drainage channel, <br />appropriate land planning shall be undertaken to preserve the natural drainage <br />channel as part of the excess storm water passage. <br /> <br />SECTION 6. General Provisions. <br /> <br />A. Administration - This ordinance shall be administered by the Director, <br /> <br />B. Administrative Appeals - Any person af~fcted by any decision of the <br />Director which has been given in connection with the application and enforcement <br />of this ordinance may appeal the decision to the Planning Commission. The <br />appeal shall be filed within seven (7) days of the decision of the Director. <br /> <br />Any person appealing the decision shall file a written petition with the <br />Director and set forth a brief statement concerning the purpose of the hearing. <br />Upon receipt of the petition, the Director shall set a time and place for such <br />hearing and shall provide written notice to the petitioner. At such haaring, <br />the petitioner shall be given the opportunity to be heard and show why any <br />decision should be modified or withdrawn. The hearing shall be commenced not <br />later than forty-five (45) days after the date on which the petition was <br />filed. <br /> <br />Any person aggrieved by the decision of the Planning Commission may seek <br />relief in any court of competent jurisdiction as provided by the laws of <br />Colorado. An appeal pursuant to this section shall not stay the effect of the <br />Director's order unless so ordered by the Planning Commission, <br /> <br />C. Public and Private Responsibilities for Maintenance of the Storm <br />Water Management System <br /> <br />" <br /> <br />1. Public Responsibilities, In areas constructed exclusively as <br />single-family detached dwellings or two-family detached dwellings, the City of <br />Lakewood shall be responsible, after acceptance of the storm water management <br />system, for the maintenance and operation of any storm water management system <br />within a public easement. It is the intent of the City to provide for maintenance <br />and operation of storm water facilities in areas of single family detached <br />dwellings and two-family detached dwellings, provided there are public easements <br />within which maintenance and operation can be done and provided all design, <br />construction, and maintenance criteria of the City are followed, Maintenance <br />and operation of condominiums, multi~family, commercial, industrial and other <br />uses shall be done by other persons as stated in Section 6,C,2. In areas of <br />mixed use such as multi-family housing and single family detached dwellings, <br />the Director will decide on a case-by. case basis whether maintenance and <br />operation will be performed by the City. <br /> <br />2. Private Responsibilities. If the Director has determined that the <br />City will not accept the responsibility for maintenance and operation of a <br />storm water management system, the owner of the land then has the responsibility <br />for the maintenance and operation of the storm water management system. Such <br />responsibility shall be assumed by subsequent owners. <br /> <br />. <br />