Providing standards to encourage the amount of open space and impervious surfaces within a development and to encourage the intensity of development in order to reduce or eliminate adverse environmental impacts.

Providing methods to implement Article I, Section 27, of the Constitution of the Commonwealth of Pennsylvania, which decrees that the people have a right to clean air, to pure water, to the preservation of the natural, scenic, historic and aesthetic values of the environment, and to protect the natural resources which are part of the ecological system to which we are all bound and, which is, therefore, the common property of all the people, including generations yet to come, and must be protected to insure the health, safety and welfare of all the people.

Providing standards for all types of dwelling units so that all the people may have access to decent, sound and sanitary housing.

Regulating the growth of the Borough in terms of the community's facilities and utilities.

Lessening the danger and congestion of traffic on the roads and highways and reducing the excessive number of roads.

Securing safety from fire, panic, flood, and other dangers.

Providing adequate air and light.

Protecting the tax base.

Securing economy in local government expenditures.

Whenever any regulations made under the authority of this chapter require a greater width or size of yards, courts or other open spaces, or require a lower height of buildings or a smaller number of stories, or require a greater percentage of lot to be left unoccupied, or impose higher standards other than those which are required in or under any other statute, the provisions of the regulations made under the authority of this chapter shall govern.

Whenever the provisions of any other statute require a greater width or size of yards, courts or other open spaces, or require a lower height of buildings or a smaller number of stories, or require a greater percentage of lot to be left unoccupied, or impose higher standards other than those which are required by any regulations made under the authority of this chapter, the provisions of such statute shall govern.

Whenever any regulations pertaining to a specific use or activity under the authority of this chapter require a greater width or size of yards, court or other open spaces, or require a lower height of buildings or a small number of stories, or require a greater percentage of lot to be left unoccupied, or impose higher standards other than those which are required for the zoning district or generally required under this chapter, the greater or higher standards shall govern.

This chapter does not repeal, abrogate, annul, or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically or implicitly repealed by this chapter, or any private restriction placed upon property by covenant, deed, or other private agreement, unless repugnant hereto.

Those provisions in Chapter 400, Subdivision and Land Development, of the Code of the Borough of West Reading, concerned with varying design standards shall not be considered to be in conflict with the provisions of this chapter and should be read, where possible, in pari materia, with the provisions of this chapter.

If a court of competent jurisdiction declares any provisions of this chapter to be invalid or ineffective, in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, and all other provisions of this chapter shall continue to be separately and fully effective.

If a court of competent jurisdiction finds the application of any provision or provisions of this chapter to any lot, building or any other structure or tract of land to be invalid or ineffective, in whole or in part, the effect of such a decision shall be limited to the person, property or situation immediately involved in the controversy; the application of any such provision to other persons, property or situations shall not be affected.

The Borough may from time to time amend, supplement, or repeal any of the regulations and provisions of this chapter in accordance with the procedural requirements of Section 609 of the Pennsylvania Municipalities Planning Code.[1]

Hearing; notice.

In the case of an amendment other than that prepared by the Borough Planning Commission, the Borough shall submit each such amendment to the Borough Planning Commission at least 30 days prior to the hearing on such proposed amendment to provide the Borough Planning Commission an opportunity to submit recommendations.

If, after any public hearing held upon an amendment, the proposed amendment is changed substantially, or is revised to include land previously not affected by it, the Borough shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.

At least 30 days prior to the public hearing on the amendment by the Borough Council, the Borough shall submit the proposed amendment to the Berks County Planning Commission for recommendations.

The Borough may offer a mediation option as an aid in completing proceedings authorized by this section. In exercising such an option, the Borough and mediating parties shall meet the stipulations and follow the procedures set forth in § 455-30 of this chapter.

Within 30 days after enactment, a copy of the amendment to this chapter shall be forwarded to the Berks County Planning Commission.

A landowner who desires to challenge on substantive grounds the validity of this chapter or the Zoning Map or any provision thereof, which prohibits or restricts the use or development of land in which he has an interest, or a landowner aggrieved by a use or development permitted on the land of another by this chapter or the Zoning Map, or any provision thereof, who desires to challenge its validity on substantive grounds may submit a curative amendment to the Borough Council with a written request that his challenge and proposed amendments be heard and decided as provided in § 916.1 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10916.1. The curative amendment and challenge shall be referred to the Borough of West Reading Planning Commission and the Berks County Planning Commission as provided in § 609 and notice of the hearing thereon shall be given as provided in §§ 610 and 916.1 of the MPC, 53 P.S. §§ 10609, 10610, and 10916.1. The Borough reserves the right to retain an independent attorney to present the defense of the Zoning Ordinance to any curative amendment challenge.

The hearing shall be conducted in accordance with § 908 of the MPC, 53 P.S. § 10908, and all references therein to the Zoning Hearing Board shall, for purposes of this section, be references to the Borough Council; provided, however, that the provisions of § 908(1.2) and (9) of the MPC shall not apply, and the provisions of § 916.1 shall control. If the Borough of West Reading does not accept a landowner's curative amendment brought in accordance with this subsection and a court subsequently rules that the challenge has merit, the court's decision shall not result in a declaration of invalidity for this entire chapter and the Zoning Map, but only for those provisions which specifically relate to the landowner's curative amendment and challenge.

The Borough Council, if it determines that a validity challenge has merit, may accept a landowner's curative amendment, with or without revision, or may adopt an alternative amendment which will cure the challenged defects. The Borough Council shall consider the curative amendment, plans and explanatory material submitted by the landowner and shall also consider:

The Borough of West Reading shall declare, by formal action, this chapter or portions hereof substantially invalid and propose to prepare a curative amendment to overcome such invalidity. Within 30 days of such declaration and proposal, the Borough Council shall:

Within 180 days from the date of the declaration and proposal, the Borough of West Reading shall enact a curative amendment to validate, or reaffirm the validity of, this chapter pursuant to the provisions of § 609 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10609, in order to cure the declared invalidity of this chapter.

Upon the initiation of the procedures as set forth in Subsection A of this section, the Borough Council shall not be required to entertain or consider any landowner's curative amendment filed under § 609.1 of the MPC, 53 P.S. § 10609.1, nor shall the Zoning Hearing Board be required to give a report requested under § 909.1 or 916.1 of the MPC, 53 P.S. § 10909.1 or 10916.1, subsequent to the declaration and proposal based upon the grounds identical or substantially similar to those specified by the resolution required by Subsection A(1) of this section. Upon completion of the procedures set forth in Subsections A and B of this section, no rights to a cure pursuant to the provisions of §§ 609.1 and 916.1 of the MPC, 53 P.S. §§ 10609.1 and 10916.1, shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of this chapter for which there has been a curative amendment pursuant to this section.

The Borough, having utilized the procedures set forth in this section, may not again utilize said procedure for a period of 36 months following the date of enactment of a curative amendment, or reaffirmation of the validity of this chapter; provided, however, if after the date of declaration and proposal there is a substantially new duty imposed upon the Borough by virtue of a change in statute or by virtue of a Pennsylvania Appellate Court decision, the Borough may utilize the provisions of this section to propose a curative amendment to this chapter to fulfill said duty or obligation.

For the administration of this chapter, a Zoning Officer, who shall not hold any elective office in the Borough, shall be appointed.

The Zoning Officer shall meet the qualifications established by the Borough and shall be able to demonstrate to the satisfaction of the Borough a working knowledge of municipal zoning.

The Zoning Officer shall administer this chapter in accordance with its literal terms, and shall not have the power to permit any construction or any use or change of use which does not conform to this chapter.

The Zoning Officer is hereby authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of his employment.

If it appears to the Zoning Officer or to the governing body that a violation of this chapter has occurred, the Zoning Officer shall initiate enforcement proceedings by sending an enforcement notice as provided in this section.

The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel, and to any other person requested in writing by the owner of record.

An enforcement notice shall state at least the following:

Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough, pay judgment or not more than $500 plus all court costs, including reasonable attorney fees incurred by the Borough as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the district justice, determining that there has been a violation, further determines that there was a good faith basis for the person, partnership or corporation violating this chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the Magisterial District Judge and thereafter each day that a violation continues shall constitute a separate violation.

The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.

Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Borough the right to commence any action for enforcement pursuant to this section.

The Magisterial District Judge has initial jurisdiction over proceedings in which there has been a violation of the Zoning Ordinance, either deemed violation, or found by the Zoning Hearing Board and not appealed to the Court of Common Pleas, or found by a higher court after appeal.

There is hereby created for the Borough a Zoning Hearing Board in accordance with the provisions of Article IX of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10901 et seq.

The membership of the Zoning Hearing Board shall consist of three residents of the Borough appointed by resolution by the Borough Council. The terms of office shall be for three years and shall be so fixed that the term of office of one member shall expire each year. The Zoning Hearing Board shall promptly notify the Borough Council of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Zoning Hearing Board shall hold no other office in the Borough and may not be employees of the Borough. The Borough Council may appoint by resolution at least one but no more than three residents of the Borough to serve as alternate members of the Zoning Hearing Board. The term of office of an alternate member shall be three years. When seated pursuant to the provisions of this subsection, all alternate members shall be entitled to participate in all proceedings and discussions of the Zoning Hearing Board to the same and full extent as provided by law for board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties set forth in this chapter and as otherwise provided by law. Alternate members shall hold no other office in the Borough, including membership on the Borough Planning Commission and Zoning Officer. Any alternate member may participate in any proceeding or discussion of the Zoning Hearing Board but shall not be entitled to vote as a member of the Zoning Hearing Board nor be compensated pursuant to Subsection F of this section unless designated as a voting alternate member pursuant to this section. If, by reason of absence or disqualification of a member, a quorum is not reached, the Chairman of the Zoning Hearing Board shall designate as many alternate members of the Zoning Hearing Board to sit on the Zoning Hearing Board as may be needed to provide a quorum. Any alternate member of the Zoning Hearing Board shall continue to serve on the Zoning Hearing Board in all proceedings involving the matter or case for which the alternate was initially appointed until the Zoning Hearing Board has made a final determination of the matter or case. Designation of an alternate pursuant to this section shall be made on a case-by-case basis in rotation according to declining seniority among all alternate members.

Any Board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of the Borough Council which appointed the member, taken after the member has received 15 days' advance notice of the intent to take such a vote. A public hearing shall be held in connection with the vote if the member shall request it in writing.

The Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action a quorum shall be not less than all the members of the Board, but the Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf and the parties may waive further action by the Board as provided in this chapter.

The Board may make, alter and rescind rules and forms for its procedure, consistent with ordinances of the Borough, the Code of Ordinances of the Borough of West Reading and laws of the Commonwealth. The Board shall keep full public records of its business, which records shall be the property of the Borough and shall submit a report of its activities to the Borough Council as requested by the Borough Council.

Within the limits of funds appropriated by the Borough Council, the Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. Members of the Board may receive compensation for the performance of their duties, as may be fixed by the Borough Council, but in no case shall it exceed the rate of compensation authorized to be paid to the members of the Borough Council.

Public notice shall be given and written notice shall be given to the applicant, the Zoning Officer and to any person who has made timely request for the same. Written notices shall be given at such time and in such manner as shall be prescribed by rules of the Board. In addition to the written notice provided herein, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing. Public notice shall be published once each week for two successive weeks in a newspaper of general circulation in the Borough. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.

The first hearing before the Board or hearing officer shall be commenced within 60 days from the date of receipt of the applicant's application, unless the applicant has agreed in writing to an extension of time. Each subsequent hearing before the Board or hearing officer shall be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant in writing or on the record. An applicant shall complete the presentation of his case-in-chief within 100 days of the first hearing. Upon the request of the applicant, the Board or hearing officer shall assure that the applicant receives at least seven hours of hearings within the 100 days, including the first hearing. Persons opposed to the application shall complete the presentation of their opposition to the application within 100 days of the first hearing held after the completion of the applicant's case-in-chief. An applicant may, upon request, be granted additional hearings to complete his case-in-chief provided the persons opposed to the application are granted an equal number of additional hearings. Persons opposed to the application may, upon the written consent or consent on the record by the applicant and the Borough, be granted additional hearings to complete their opposition to the application provided the applicant is granted an equal number of additional hearings for rebuttal.

The hearings shall be conducted by the Board or the Board may appoint any member or an independent attorney as a hearing officer. The decision, or, where no decision is called for, the findings shall be made by the Board, however, the appellant or the applicant, as the case may be, in addition to the Borough, may, prior to the decision of the hearing, waive decision or findings by the Board and accept the decision or findings of the hearing officer as final.

The parties to the hearing shall be the Borough, any person affected by the application who has made timely appearance of record before the Board, any other person including civic or community organizations permitted to appear by the Board. The Board shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board for that purpose.

The Chairman or acting Chairman of the Board or the hearing officer presiding shall have power to administer oaths and issues subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.

The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.

Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.

The Board or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Board. The cost of the original transcript shall be paid by the Board if the transcript is ordered by the Board or hearing officer or shall be paid by the person appealing from the decision of the Board if such appeal is made, and in either event the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases, the party requesting the original transcript shall bear the cost thereof.

The Board or the hearing officer shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved except upon notice and opportunity for all parties to participate, shall not take notice of any communications, reports, staff memoranda, or other materials, except advice from their solicitor, unless the parties are afforded an opportunity to contest the material so noticed and shall not inspect the site or its surroundings after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present.

The Board or hearing officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after the last hearing before the Board or hearing officer. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefor. Conclusions based on any provisions of the MPC, this chapter or of any law, ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found. If the hearing is conducted by a hearing officer and there had been no stipulation that his decision or findings are final, the Board shall make his report and recommendations available to the parties within 45 days and the parties shall be entitled to make written representations thereon to the Board prior to final decision or entry of findings, and the Board's decision shall be entered no later than 30 days after the report of the hearing officer. Except for challenges filed under Section 916.1 of the MPC, where the Board fails to render the decision within the period required by this subsection or fails to commence or complete the required hearing as provided in Subsection B of this section, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as hereinabove provided, the Board shall give public notice of said decision within 10 days from the last day it could have met to render a decision in the same manner as provided in Subsection A of this section. If the Board shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.

A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him not later than the day following its date. The Zoning Hearing Board shall provide by mail or otherwise, brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined to all other persons who have filed their name and address with the Board not later than the last day of the hearing.

The Borough Council shall establish, by resolution, fees with respect to hearings before the Zoning Hearing Board.

The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications in the following matters:

The Borough Council shall have exclusive jurisdiction to hear and render final adjudications in the following matters:

The Zoning Hearing Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The Board may by rule prescribe the form of application and may require preliminary application to the Zoning Officer. The Board may grant a variance, provided that all of the following findings are made where relevant in a given case:

In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter and the Pennsylvania Municipalities Planning Code.

No person shall be allowed to file any proceeding with the Zoning Hearing Board later than 30 days after an application for development, preliminary or final, has been approved by the Borough if such proceeding is designed to secure reversal or to limit the approval in any manner unless such person alleges and proves that he had no notice, knowledge or reason to believe that such approval had been given. If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest. The failure of anyone other than the landowner to appeal from an adverse decision on a tentative plan, or a preliminary subdivision/land development plan, or from an adverse decision by the Zoning Officer on a challenge to the validity of this chapter or an amendment hereto or Zoning Map or any amendment thereto shall preclude an appeal from a final approval except in the case where the final submission substantially deviates from the approved tentative approval.

All appeals from determinations adverse to the landowner shall be filed by such landowner within 30 days after notice of the determination is issued.

Unless otherwise specified by the Zoning Hearing Board, a special exception or variance shall expire if the applicant fails to implement the proposed use or commence construction within 12 months from the date of the authorization of the special exception or variance, unless an extension is granted by the Zoning Hearing Board.

Unless otherwise specified by the Borough Council, a conditional use approval shall expire if the applicant fails to implement the proposed use or commence construction within 12 months from the date of the authorization of the conditional use approval, unless an extension is granted by the Borough Council.

Receive, examine and process all applications for building, occupancy and zoning permits for all uses, including signs.

Issue permits only where there is compliance with the provisions of this chapter, with other Borough ordinances, and with the laws of the Commonwealth of Pennsylvania and the federal government. Permits for construction or uses requiring a special exception or variance shall be issued only upon order of the Zoning Hearing Board. Permits for conditional uses requiring approval by the Borough Council shall be issued only after receipt of approval from the Borough Council. In order for the Zoning Officer to issue a permit, there must be demonstrated compliance with applicable state and federal regulations.

Receive applications for conditional uses, curative amendments and zoning changes, forwarding such requests to the Borough Council, the Borough Planning Commission or other appropriate agencies.

Receive applications for special exceptions and variances and forward these applications to the Zoning Hearing Board for action thereupon.

Following refusal of a permit, to receive applications for interpretation, appeals and variances. These applications shall then be forwarded to the Zoning Hearing Board for action thereupon.

Conduct inspections and surveys to determine compliance or noncompliance with the terms of this chapter.

Issue stop and cease-and-desist orders, and order, in writing, correction of all conditions found to be in violation of the provisions of all applicable regulations. Such written orders shall be served personally or by certified mail upon persons, firms or corporations deemed by the Zoning Officer to be violating the terms of this chapter. It shall be unlawful for any person to violate any such order issued lawfully by the Zoning Officer, and any person violating any such order shall be guilty of a violation of this chapter.

Institute civil enforcement proceedings in accordance with §§ 455-10 through 455-13 above.

With the approval of the Borough Council, or when directed by them, institute in the name of the Borough any appropriate action or proceedings to:

Revoke any order or zoning permit issued under mistake of fact, or contrary to the law, or the provisions of this chapter.

Record and file all applications for zoning permits with accompanying plans and documents. All applications, plans, and documents shall be a public record.

Maintain a map or maps showing the current zoning classification of all land in the Borough.

All applications for zoning permits shall be made in writing by the owner, tenant, or vendee under contract of sale, or other authorized agent on a form supplied by the Borough, and shall then be filed with the Zoning Officer. The application shall include copies of the following information:

No permit for any new use or construction which will involve on-site disposal of sewage or waste, and no permit for a change in use or an alteration which will result in an increased volume of sewage or waste to be disposed of on the site, shall be issued until approval has been granted by the Pennsylvania Department of Environmental Protection.

The Zoning Officer shall render a decision either approving or disapproving the application for a zoning permit within 90 days after the application has been filed, provided that any disapproval of the application shall be issued within said 90-day period and shall contain a brief explanation setting forth the reasons for said disapproval and the manner in which the application can be corrected and/or modified to obtain the required approval. If no decision is rendered on the application within 90 days, the application shall be deemed to have been granted immediately, unless the applicant has agreed, in writing, to an extension of time. A deemed approval of a zoning permit is not a guarantee that a building permit or an occupancy permit will be granted, as the applicant must meet all applicable requirements for the issuance of such permits.

Hereafter, no structure erected, constructed, reconstructed, extended or moved, no property sold or exchanged, and/or no land or building changed in use under a zoning permit shall be occupied or used, in whole or in part, for any use whatsoever, nor changed from nonresidential occupancy status, until the owner or authorized agent has been issued a certificate of occupancy by the Zoning Officer indicating that the building or use complies with the terms of zoning regulations as provided in this chapter.

No certificate shall be issued until the premises in question has been inspected and found by the Zoning Officer to be in compliance with this chapter.

The issuance of a certificate of occupancy in no way absolves the owner or authorized agent from compliance with the terms or intent of this chapter.

In granting a conditional use, the Borough Council shall make findings of fact consistent with the provisions of this chapter but shall not approve a conditional use except in conformity with the conditions and standards outlined in this chapter.

The Borough Council shall grant a conditional use only if it finds adequate evidence that any application for development submitted will meet all of the following general requirements, as well as any specific requirements and standards listed herein for the proposed use. The Borough Council shall, among other things, require that any proposed use and location be:

Review by the Borough Planning Commission. The Borough Council shall request an advisory opinion from the Borough Planning Commission on any application for a conditional use. The Borough shall submit a report of such an advisory opinion prior to the date of the public hearing held by the Borough Council on the relevant application. The Borough Planning Commission may also request a report from the Borough Engineer.

Application requirement for conditional use. Conditional use applications shall be governed by the following:

Review procedures for conditional uses. The Borough Council shall conduct hearings and make decisions in accordance with the procedures set forth in this chapter and in the Pennsylvania Municipalities Planning Code.

Parties to proceedings authorized in this chapter and Article X-A of the Pennsylvania Municipalities Planning Code,[1] 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 chapter and Article X-A of the Pennsylvania Municipalities Planning Code once they have been formally initiated. Nothing in this section shall be interpreted as expanding or limiting municipal police powers or as modifying any principles of substantive law.

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 Borough Council may offer the mediation option in a particular case pursuant to a resolution which shall assure that, in each case, the mediating parties, assisted by the mediator as appropriate, develop terms and conditions for:

No offers or statements made in the mediation sessions, excluding the final written mediated agreement, shall be admissible as evidence in any subsequent judicial or administrative proceedings.

Neither the approval nor the granting of any review, issuance of permit or approval related to construction, activity within the floodplain, site plan review, subdivision or land development approval, erosion control, wetland delineation review, stormwater runoff, activity on steep slopes or any other review or permit of this Zoning Ordinance, by an officer, employee, consultant or agency of the Borough, shall constitute a representation, guarantee or warranty of any kind by the Borough, or its employees, officials, consultants, or agencies, of the practicality or safety of any structure, use or subdivision, and shall create no liability upon, nor a cause of action against such public body, official, consultant or employee for any damage that may result pursuant thereto.

If the Zoning Officer mistakenly issues a permit under this Zoning Ordinance, the Borough shall not be liable for any later lawful withdrawal of such permit for valid cause shown.