Any interested party may appeal to the Township Council any final decision of the Zoning Board of Adjustment approving an application for a use variance pursuant to N.J.S.A. 40:55D-70d and subsection 25-7.2d of this chapter. Notwithstanding the aforesaid right of appeal to the Township Council, any party has the right to obtain a review of such Zoning Board of Adjustment decision by any court of competent jurisdiction according to law.

Any appeal to the Township Council shall be made within ten (10) days of the date of publication of such final decision pursuant to subsection 25-7.8 of this chapter. The appeal to the Township Council shall be made by serving the Township Clerk in person or by certified mail with a notice of appeal specifying the grounds thereof and the name and address of the appellant and the name and address of his attorney, if represented.

The appellant shall either: 1) Within five (5) days of serving notice of the appeal, arrange for a transcript and six (6) copies thereof for use by the Township Council and pay a deposit of fifty ($50) dollars or the estimated cost for such transcription, whichever is less; provided that the charge by the Township to the applicant for the transcript shall not exceed the maximum permitted in N.J.S.A. 2A:11-15; or 2) Within thirty-five (35) days of serving notice of the appeal, submit a transcript to the Township Clerk for use by the Township Council. Should the appellant neither arrange for or submit a transcript as provided hereinabove, the Township Council may dismiss the appeal for failure to prosecute. All transcripts shall be certified in writing by the transcriber to be accurate.

Notice of the meeting to review the record below shall be given by the Township Council by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to subsection 25-7.8 of this chapter, and to the Zoning Board of Adjustment at least ten (10) days prior to the date of the meeting. The appeal shall be decided by the Township Council only upon the record established by the Zoning Board of Adjustment. The parties may submit oral and written arguments on the record at the Township Council meeting, and the Township Council shall provide and pay for verbatim recording and transcripts of such meeting.

The Township Council shall conclude a review of the record below not later than ninety-five (95) days from the publication of the notice of the subject decision of the Zoning Board of Adjustment, unless the appellant consents in writing to an extension of such time period. Failure of the Township Council to hold a hearing and conclude a review of the record below and to render a decision within such specified period without such written consent of the appellant shall constitute a decision affirming the action of the Zoning Board of Adjustment.

The Township Council may reverse, remand or affirm, with or without conditions, the final decision of the Zoning Board of Adjustment being appealed. The affirmative vote of three (3) members of the Township Council shall be necessary to reverse, remand or impose or remove conditions upon the aforesaid final decision. In the event that an affirmative vote of three (3) members of the Township Council is not obtained, the aforesaid final decision shall be deemed affirmed without change.

An appeal to the Township Council shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the Zoning Board of Adjustment certifies to the Township Council, after the notice of appeal has been filed with the Board, that by reasons of facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court on application upon notice to the Zoning Board of Adjustment and on good cause shown.