An appeal from any decision of the Planning Board or Zoning Board may be taken to the governing body provided such appeal shall be made within 10 days of the date of publication of such final decision of the Planning Board or Zoning Board. Such appeal shall be made in accordance with the provisions of N.J.S.A. 40:55D-17.

The appeal may be taken by any interested party.

The appeal to the governing body shall be made by serving the Municipal 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 name and address of his attorney, if represented. Such appeal shall be decided by the governing body only upon the record established before the Planning Board or Board of Adjustment.

Notice of the meeting to review the record below shall be given by the governing body by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to Article III of this chapter, and to the board from which the appeal is taken at least 10 days prior to the date of the meeting. The parties may submit oral and written argument on the record at such meeting, and the governing body shall provide for verbatim recording and transcripts of such meeting.

The governing body may reverse, remand or affirm, wholly or in part, or may modify the final decision of the Planning Board or Board of Adjustment, as the case may be.

The affirmative vote of a majority of the full authorized membership of the governing body shall be necessary to reverse, remand or modify any final action of either Board.

An appeal to the governing body shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the Board from whose action the appeal is taken certifies to the governing body, after the notice of appeal shall have been filed with such Board, that by reason 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 Board from whom the appeal is taken and on good cause shown.

The governing body shall mail a copy of the decision to the appellant or, if represented, then to his attorney, without separate charge, and for a reasonable charge to any interested party who has requested it, not later than 10 days after the date of the decision. A brief notice of the decision shall be published in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality. Such publication shall be arranged by the applicant. The period of time in which an appeal to a court of competent jurisdiction may be made shall run from the first publication.

The governing body shall have the power to waive the fees and costs of an appeal from either the Planning Board or the Board of Adjustment of an applicant bringing the appeal before it upon the establishment by said applicant of a financial hardship.

Any member of the Council who was absent for one or more of the meetings at which a hearing was held on the appeal shall be eligible to vote on the matter notwithstanding his absence from one or more of the meetings; provided, however, that such Council member has available to him the transcript or recording of all of the hearing from which he was absent, and certifies in writing to the Council that he has read such transcript or listened to such recording.