a Any interested party may appeal to the Township Council the final decision of the Board of Adjustment approving an application for development, pursuant to law, with a simultaneous application for site plan approval, as provided by statute. Such appeal shall be made within ten (10) days of the date of publication of such final decision as provided by law. The appeal to the Township Council shall be made by serving the Township Clerk, in person or by certified mail, with a notice of appeal specifying the grounds thereof, the name and address of the appellant and the name and address of his attorney if represented. Such appeal shall be decided by the governing body only upon the record established before the approving authority.

b. Notice of the Meeting. Notice of the meeting to review the record shall be given by the Township Council, by personal service or certified mail, to the appellant, to those entitled to notice of a decision and to the approving authority at least ten (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 Township Council shall provide for verbatim recording and transcript of such meeting.

c. Decision by the Township Council. The Township Council shall conclude a review of the record not later than forty-five (45) days from the date of receipt of the transcript of the hearing unless the appellant consents, in writing, to an extension of such time period. The appellant shall arrange for a transcript, or otherwise, for use by the Township Council. Failure of the Township Council to hold a hearing and conclude a review of the record and to render a decision within the specified time period, without written consent to an extension in time by the appellant, shall constitute a decision affirming the action of the approving authority.

d. Action of Township Council. The Township Council may reverse, remand or affirm, wholly or in part, or may modify the final decision of the approving authority. The affirmative vote of a majority of the full authorized membership of the Township Council shall be necessary to reverse, remand or modify any final action of either Board.

e. Appeal Stays All Proceedings. An appeal to the Township Council shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made, unless the approving authority certifies to the Township Council, after the notice of appeal shall have been filed with the approving authority, that by reasons of fact stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed other than by an order of the Superior Court on application upon notice to the approving authority from whom the appeal is taken and on good cause shown.

f. Copy of Decision; Notice. The Township Council shall mail a copy of the decision to the appellant or, if represented, to his attorney without separate charge and for a charge of fifteen ($0.15) cents per page, to any interested party who requested it, not later than ten (10) days after the date of the decision. A brief notice of the decision shall be published in the official newspaper of the Township. 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 date of the first publication by the applicant. (Ord. #595; 1976 Code § 145-42)

Any person, firm or corporation violating any of the terms of this Chapter shall, upon conviction, be punished by a fine not to exceed five hundred ($500.00) dollars for each offense. Each day that a violation occurs or is committed shall constitute a separate offense. (Ord. #595; 1976 Code § 145-43)