An appeal from any decision of the Zoning Board of Adjustment granting a use variance pursuant to the provisions of N.J.S.A. 40:55D-17d may be taken to the governing body, provided that such appeal shall be made within 10 days of the date of publication of such final decision of the Zoning Board of Adjustment.

Any appellant shall, within five days of service of the notice of appeal as hereinabove provided, arrange for a typed or written transcript to be prepared pursuant to N.J.S.A. 40:55D-10 for use by the governing body and shall pay a deposit for the estimated cost of such transcript. If the appellant is not obtaining the transcript from the municipal agency, then he shall, within 35 days of the service of the notice of appeal, submit to the Borough Clerk a transcript as otherwise obtained. Otherwise, the appeal may be dismissed for failure to prosecute.

A. The Borough Council shall conclude a review of the record below not later than 95 days from the date of publication of the notice of the decision below, made pursuant to N.J.S.A. 40:55D-10, unless the applicant consents in writing to an extension of such period. Failure of the governing body to hold a hearing and conclude a review of the record below and to render a decision within such specified period shall constitute a decision affirming the action of the Board.

B. The Borough Council 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.

C. 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 of either Board.

D. 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 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.

E. The Borough Council shall mail a copy of its 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.