1. Parties to proceedings authorized in the Article may utilize mediation as an aid in completing such proceedings. In proceedings before the Zoning Hearing Board, in no case shall the Zoning Hearing Board initiate mediation or participate as a mediating party. Mediation shall supplement, not replace, those procedures in this Article once they have been formally initiated. Nothing in this Section shall be interpreted as expanding or limiting Township police powers or as modifying any principles of substantive law. Applications for special exceptions and variances are not appropriate for the mediation option, and therefore, may not utilize this Section.
2. Participation in mediation shall be wholly voluntary. The appropriateness of mediation shall be determined by the particulars of each case, and the willingness of the parties to negotiate. The terms and conditions of mediation are hereby set forth as follows:
A. The cost of mediation shall be borne by the applicant.
B. The parties shall agree on a mediator who shall have a working knowledge of municipal zoning and subdivision procedures and demonstrated skills in mediation.
C. Parties to proceedings under this application may select the mediation option by sending written notice to the Zoning Hearing Board of their intention to do so. Mediation shall be completed within 90 days of the date of notification to the Board.
D. The written notice to the Zoning Hearing Board indicating the parties intent to mediate shall include a written consent signed by all parties agreeing to the suspension of time limits otherwise required by this Ordinance and the Municipalities Planning Code, and by an applicant or Township decisions-making body if either is not a party to the mediation.
E. All parties to the proceedings shall be identified in the notice to the Board and shall be served notice of the parties intent to mediate. All parties shall be afforded the opportunity to participate in any mediation proceeding.
F. Any mediation to which a Township entity is party shall be open to the public.
G. All mediated solutions must be in writing and signed by the parties and become subject to review and approval by the appropriate decision-making body pursuant to the authorized procedures set forth in this Ordinance and the Municipalities Planning Code.
H. No offers or statements made in the mediated sessions, excluding the final written mediated agreement, shall be admissible as evidence in any subsequent judicial or administrative proceeding.
(Ord. passed 10-2-2007, § 1007)