Any interested party may appeal to the Borough Council any final decision of the Planning Board approving an application for development pursuant to subsection 17-12.7d (Use or Structure Variance) of this chapter. (N.J.S.A. 40:55D-70d).

Such appeal shall be made within 10 days of the date of publication of such final decision pursuant to subsection 17-12.8 of this chapter. The appeal to the Borough Council shall be made by serving the Borough 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. Such appeal shall be decided by the Borough Council only upon the record established before the Planning Board.

Notice of the meeting to review the record below shall be given by the Borough Council by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to subsection 17-12.8 of this chapter, and to the Zoning Board of Adjustment or Planning Board at least 10 days prior to the date of the meeting. The parties may submit oral and written arguments on the record at such meeting, and the Borough Council shall provide for verbatim recording and transcripts of such meeting.

The Borough Council shall conclude a review of the record below not later than 45 days from the date of receipt of the transcript of the hearing unless the appellant consents in writing to an extension of such a period. The appellant shall arrange for a transcript for use by the Borough Council. Failure of the Borough Council to hold a hearing and conclude a review of the record below and to render a decision within the specified period without such written consent of the appellant shall constitute a decision affirming the action of the Planning Board.

The Borough Council may reverse, remand or affirm, wholly or in part, or may modify the final decision of the Zoning Board of Adjustment or Planning Board. The affirmative vote of a majority of the full authorized membership of the Borough Council shall be necessary to reverse, remand or modify any final action to the boards.