development agreement required by Section 411 of this Chapter within ninety (90) days of the date of the meeting of the Commission at which final approval is granted. If the applicant fails to give written notice to the Municipality regarding acceptance or rejection of the conditions attached to final approval or execute the development agreement within the required thirty (30) days, final approval shall automatically be rescinded without written notice to the applicant. 408.4 Phased Approval. In the case where development of a major subdivision is projected over a period of years, the Municipality authorizes submission of final applications by sections or phases of development, subject to such requirements or guarantees for public improvements in future sections or phases of the development which are essential for the protection of the public welfare and any existing or proposed section or phase of the plan. All sections or phases shall conform to the preliminary application as previously approved by the Municipality. Any phase that contains substantive changes in the number of lots or buildings proposed or in the layout of the lots, buildings or streets previously approved in the preliminary application shall require complete resubmission of the preliminary application in accordance with this Chapter. §409 Mediation Option. The Municipality may offer the mediation option as an aid in reaching decisions on applications for approval of subdivisions or land developments and as an alternative to appeals from such decisions. Mediation shall supplement, not replace, those procedures once they have been formally initiated. Nothing in this section shall be interpreted as expanding or limiting the Municipality’s police powers or as modifying any principle 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 Commission shall assure that, in each case, the mediating parties, assisted by the mediator, as appropriate, develop terms and conditions for: 409.1 409.2 Funding mediation. Selecting a mediator who, at a minimum, shall have a working knowledge of municipal zoning and subdivision and land development procedures and demonstrated skills in mediation. Completing mediation, including time limits for such completion. Suspending time limits otherwise authorized in this Chapter, provided there is written consent by the mediating parties, or by the Commission if either is not a party to the mediation. 409.3 409.4 XVI - 33