The appellant shall, either within the five days of service of the notice of the appeal pursuant to Subsection 21-8.1 arrange for a transcript pursuant to Subsection 21-6.6 for use by the Borough Council and pay a deposit of $50 of the estimated cost of such transcription, whichever is less, or within 35 days of service of the notice of appeal, submit a transcript as otherwise arranged to the Borough Clerk; otherwise, the appeal may be dismissed for failure to prosecute.

The Borough Council shall conclude a review of the record below not later than 95 days from the date of publication of notice of the decision below pursuant to Subsection 21-6.9 unless the applicant consents in writing to an extension of such period. Failure of the Borough Council to hold a hearing and conclude a review of the record below and to render a decision within such specified period shall constitute a decision affirming the action of the Board from which the appeal has been taken.