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Ordinance amending and supplementing the Pittsburgh City Code, Title 4: Public Places and Property, Article VII: City Realty by adding a new Chapter 455: Greenways, to authorize the Department of City Planning and its appointed designees to establish a Greenways Program, which permits stewardship and urban agriculture activities in the greenways, all under certain terms and conditions.
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The Council of the City of Pittsburgh hereby enacts as follows:
CHAPTER 455: Greenways
§ 455.01 Definitions.
For purposes of this Chapter, the following definitions apply:
(a) GREENWAY means a permanently conserved, primarily passive open space that serves to benefit adjacent neighborhoods and the general public.
(b) STEWARD means an individual or community-based group responsible for maintaining and operating a specific, designated area of a City greenway.
(c) GREENWAY STEWARDSHIP AGREEMENT means a one- to five-year agreement granted by the City to steward a specific, designated area of a City greenway. Following the successful completion of the first term, then the current Steward will have the option to renew the Stewardship Agreement.
(d) URBAN AGRICULTURE LEASE means a one-year agreement granted by the City to steward a specific, designated area of a City greenway for urban agriculture. Following the successful completion of the first term, then the current Steward will have the option to renew the Urban Agriculture Agreement for a one- to five-year term.
(e) POLICY GUIDE means a guide developed by the Department of City Planning regarding the process and available tools to designate and implement the Greenways Program.
§ 455.02 Creation of the Greenways Program; Powers of the Director of City Planning.
The Director of the Director of City Planning (the “Director”) are authorized to establish a Greenways Program (the "Program") which will allow for the creation and stewardship of greenways on eligible City-owned and City-controlled land in accordance with all Program requirements. By creating this Program, the City retains all ownership and/or control of the land reserved for, or designated as, greenway. In connection therewith, the Director shall have the following powers and responsibilities:
(a) To appoint a designee to administer the Program for the City, to coordinate with applicable City department representatives, and serve as a point of contact for the Greenways Program;
(b) Under and subject to applicable land use, zoning and safety laws: to promulgate and enforce Greenways Program rules and regulations as defined in the Policy Guide and its amendments, supplements, and additions, including, but not limited to: the creation and stewardship of Greenways, including, but not limited to: permitted uses, prohibited uses, third-party programming in greenways, limitations on improvements in greenways, design guidelines for greenways and improvements within greenways, fertilizer use, water use, mulch use, composting, and approved vegetation introduction and removal.
In connection therewith, the Director or their designee shall have the power and responsibility to execute agreements as defined herein on behalf of the City. All agreements authorized hereunder shall be subject to the review and approval of the City Solicitor.
§ 455.03 Additional Program Conditions.
(a) By creating this Program to permit authorized stewardship activities, the City may, but shall not be required to provide any funding, tools, water, equipment or supplies to Stewards.
(b) Obtaining additional required permits and approvals associated with requested occupancy, building, structures, and/or zoning are the sole responsibility of the Steward, as applicable.
(c) All Stewards participating in the Program must execute releases to hold the City harmless from all liability in a form approved by the City Solicitor.
(d) All lands and structures under agreement under the Program are subject to entry and inspection by the City and all Stewards under the Program shall be subject to violation notices and/or citations for failure to comply.
(e) Indemnification provisions must be included in all Greenway Stewardship Agreements authorized under this Chapter in a form approved by the City Solicitor. All Greenway Stewardship and/or Urban Agriculture Agreements shall require insurance in types and amounts as determined by the City in its sole discretion. Stewards shall furnish certificates of insurance naming the City as a certificate holder, in a form acceptable to the City.
(f) Violation of the terms of this Chapter, any agreement authorized hereunder or any rules or regulations promulgated by the Director as authorized hereunder may result in an immediate termination of the agreement and/or a permanent loss of the privilege to participate in the Program in addition to any remedies the City may have for violations of applicable law or contract.