[HISTORY: Adopted by the Borough Council
of the Borough of Trappe as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-4-1989 by Res. No. 89-10 (Part
2, Ch. 7, Sec. 2-7004, of the 1987 Code)]
A.
If the parties to the zoning hearing proceeding before
the Zoning Hearing Board of the Borough of Trappe desire to mediate,
they shall enter into a written agreement encompassing the following
terms and conditions, pursuant to Section 908.1 of the Pennsylvania
Municipalities Planning Code:[1]
(1)
The parties shall agree to share the costs of mediation
or pay the costs as they otherwise agree by and between the mediating
parties;
(2)
The parties shall select a mediator who has no relationship,
by family business, or otherwise, with any of the mediating parties
of the Zoning Hearing Board and who, at the minimum, shall have a
working knowledge of municipal zoning and subdivision proceedings
and have administrative skills in mediation;
(3)
The mediation shall be completed within 60 days of
any agreement signed initiating the same;
(4)
The parties shall sign a formal waiver suspending
the time limits required for a Zoning Hearing Board action under the
Pennsylvania Municipalities Planning Code. Where all the parties before
the Zoning Hearing Board are not parties to the mediation, the Zoning
Hearing Board shall approve the waiver and suspension of the time
limits;
(5)
All parties before the Zoning Hearing Board shall
be afforded an opportunity to participate in the mediation proceeding;
(6)
The mediation sessions shall be closed to the public
unless otherwise agreed by and between the parties;
(7)
Any and all resolution of issues and agreements arrived
at as a result of the mediation shall be in writing and signed by
the parties and subject to review and approval by the Zoning Hearing
Board;
(8)
No offers or statements made in the mediation session,
excluding the final written mediated agreement, shall be admissible
in evidence in any subsequent judicial or administrative proceedings,
and the parties shall so confirm the same in writing.
[1]
Editor's Note: See 53 P.S. § 10908.1
B.
A written agreement concerning mediation shall be
submitted to the Zoning Hearing Board and the Borough Council of the
Borough of Trappe no later than five days following the first hearing
session of the Zoning Hearing Board with respect to the application
and matters in controversy.
