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Adopting Official Sewage Facilities Plan for Sweetbriar Village Development, Private Sanitary Sewer System.
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WHEREAS, SECTION 5 of the Act of January 24, 1966, P.L. 1535, No. 537, known as the "Pennsylvania Sewage Facilities Act," as amended, and the rules and regulations of the Pennsylvania Department of Environmental Protection (Department) adopted thereunder, Chapter 71 of Title 25 of the Pennsylvania Code, requires the municipality to adopt an Official Sewage Facilities Plan providing for sewage services adequate to prevent contamination of waters of the Commonwealth and/or environmental health hazards from sewage wastes, and to revise said plan whenever it is necessary to determine whether a proposed method of sewage disposal for a new development conforms to a comprehensive program of pollution control and water quality management and
WHEREAS, Sweetbriar Street, LLP has proposed the development of a parcel of land identified as Sweetbriar Village (Recorded in the Office of the Recorder of Deeds of Allegheny County at Deed Book Volume 13493, Page 286), in the 19th Ward of the City of Pittsburgh (the "proposed project") and described in the attached Sewage Facilities Planning Module (the "planning module"), and proposes that such private sanitary sewer project be served by the PWSA sewage systems, and
WHEREAS, the municipality has reviewed the planning module for the proposed project and has determined that the proposed method of sewage disposal does conform to and is included in the approved "Official Plan" of the municipality, City of Pittsburgh.
WHEREAS, the City of Pittsburgh finds that the project described in the attached planning module conforms to applicable zoning, subdivision, other municipal ordinances and plans, and to a comprehensive program of pollution control and water quality management.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PITTSBURGH AS FOLLOWS:
SECTION 1.
A. The City of Pittsburgh hereby adopts and submits to the Department of Environmental Protection for its approval as a revision to the "Official Plan" of the municipality the above-referenced planning module for land development, which is attached hereto as Exhibit A and which includes the proposed Sweetbriar Village Plan of Lots in the 19th Ward of the City of Pittsburgh.
B. Attached hereto as Exhibit B is the Variance letter from the Allegheny County Health Department approving the request to construct the common private storm and sanitary sewers requested subject to stated stipulations therein.
C. Per Declarant Sweetbriar Street, LLP, the Master Association of Sweetbriar Village has agreed in the "Master Planned Community Declaration" to indemnify and hold harmless the City and PWSA, their officers and employees from and against all liens, charges, claims, demands, losses, costs, judgments, liabilities and damages of every kind and nature whatsoever, including court costs and attorneys' fees, for personal injury, including death; property damage, including loss or destruction thereof; and for any charges, fines, sanctions, mandates, orders, decisions, and/or penalties imposed by local, state, federal and/or other applicable authorities arising from the Master Association's construction, maintenance, and/or operation of private storm water and sanitary sewer systems. This Declaration shall be recorded in the Office of the Allegheny County Recorder of Deeds.