§ 148-35Terms and conditions.
During the review of subdivision and land development applications, it may be necessary to utilize mediation as an aid in completing the approval proceedings. Mediation shall supplement, not replace, the procedures outlined in this chapter and shall not be interpreted as expanding or limiting municipal police powers. Participation by the applicant or the Township shall be voluntary, based on their willingness to negotiate. Terms and conditions of mediation are as follows:
Parties must establish a method of funding of the mediation;
The selected mediator shall have a working knowledge of municipal subdivision and land development procedures and demonstrate skills in mediation;
A time limit for completion or for suspending mediation must be agreed upon;
Suspension of time limits otherwise authorized by this article, provided there is written consent by the mediating parties and by the applicant or municipal decisionmaking body if either is not a party at the mediation, may be agreed upon;
All parties must be identified and afforded an opportunity to participate;
Subject to legal restraints, parties shall determine whether some or all mediation sessions are open or closed to the public;
Mediated solutions shall be in writing, signed by participating parties and become subject to review and approval by the Zoning Hearing Board pursuant to procedures set forth in this article; and
No offers or statements made in other than the final written mediated agreement shall be admissible as evidence in any subsequent judicial or administrative proceedings.
