Any interested party may appeal to the Borough Council any final decision of the Planning Board acting as the Zoning Board of Adjustment approving an application for a use variance pursuant to N.J.S.A.40:55D-70d and Section 30-702 D of this chapter. Notwithstanding the aforesaid right of appeal to the Borough Council, any party has the right to obtain a review of such decision by any court of competent jurisdiction according to law.

Any appeal to the Borough Council shall be made within 10 days of the date of publication of such final decision pursuant to Section 30-708 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.

The appellant shall either: 1) Within five days of serving notice of the appeal, arrange for a transcript for use by the Borough Council and pay a deposit in the amount of the estimated cost for such transcription; provided that the charge by the Borough to the applicant for the transcript shall not exceed the maximum permitted in N.J.S.A. 2A:11-15; or 2) Within 35 days of serving notice of appeal, submit a transcript to the Borough Clerk for use by the Borough Council. Should the appellant neither arrange for or submit a transcript as provided hereinabove, the Borough 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 Borough Council by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to Section 30-708 of this chapter, and to the Planning Board at least 10 days prior to the date of the meeting. The appeal shall be decided by the Borough Council only upon the record established by the Planning Board acting as the Zoning Board of Adjustment. The parties may submit oral and written arguments on the record at the Borough Council meeting, and the Borough Council shall provide and pay for verbatim recording and transcripts of such meeting.

The Borough Council shall conclude a review of the record below not later than 95 days from the publication of the notice of the subject decision of the Planning Board acting as the Zoning Board of Adjustment, unless the appellant consents in writing to an extension of such time 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 without such written consent of the appellant shall constitute a decision affirming the action of the Planning Board acting as the Zoning Board of Adjustment.

The Borough Council may reverse, remand or affirm, with or without conditions, the final decision of the Planning Board acting as the Zoning Board of Adjustment being appealed. The affirmative vote of four members of the Borough 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 four members of the Borough Council is not obtained, the aforesaid final decision shall be deemed affirmed without change.

An appeal to the Borough Council shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the Planning Board acting as the Zoning Board of Adjustment certifies to the Borough 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 Planning Board acting as the Zoning Board of Adjustment and on good cause shown.