An appeal from any final decision of the Land Use Planning Board approving an application for development, pursuant to the provisions of N.J.S.A. 40:55D-70d or of the Land Use Planning Board granting preliminary approval of a major subdivision, may be taken to the Township Council, provided that such appeal shall be made within 10 days of the date of publication of such final decision of the Land Use Planning Board. Such appeal shall be made by serving the Township Clerk, in person or by certified mail, with a notice of appeal specifying the grounds of such appeal, the name and address of the appellant, and, if represented, his or her attorney. Such appeal shall be decided by the Township Council only upon the record established before the Board from which the appeal is taken.

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 § 95-31B and to the Land Use Planning Board at least 10 days prior to the date of the meeting. The parties may submit oral and written argument on the record of such meeting. The appellant, within five days of service of the notice of appeal, shall arrange for a transcript for use by the Township Council and pay a deposit of $50, or the estimated cost of such transcription, whichever is less, if the appeal is from the granting of preliminary approval of a major subdivision; or, within 35 days of service of the notice of appeal submit a transcript as otherwise arranged to the Township Clerk. Otherwise, the appeal may be dismissed for failure to prosecute. If the appeal is from the approval of an application for development, pursuant to the provisions of N.J.S.A. 40:550-70(d), the Township Council shall provide the transcript.

The Township Council shall conclude a review of the record below no later than 95 days from the date of publication of notice of the decision below, unless the applicant consents in writing to an extension of such 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 Board.