Any interested party desiring to appeal the decision of a municipal agency shall appeal to the Borough council:

(a) Any final decision of the board of adjustment approving an application for development pursuant to R.S. 40:55D-70d.

(b) Any final decision of the planning board pertaining to the subdivision of land or site plan approval pursuant to this chapter.

(a) Any appeal listed in section 6.1 shall be made within 10 days of the date of publication of such final decision pursuant to section 4.9 of this chapter.

(b) 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 name and address of his attorney, if represented.

(c) Such appeal shall be decided by the Borough council 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 Borough council by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to section 4.8 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 Borough council shall provide for verbatim recording and transcripts of such meeting pursuant to section 4.6.

The appellant shall, (1) within 5 days of service of the notice of the appeal pursuant to subsection a. hereof, arrange for a transcript pursuant to section 4.6 of this ordinance for use by the governing body and pay a deposit of $50.00 or the estimated cost of such transcription, whichever is less, or (2) within 35 days of service of the notice of appeal, submit a transcript as otherwise arranged to the municipal clerk; otherwise, the appeal may be dismissed for failure to prosecute.

The Borough council shall conclude a review of the record below not later than 95 days from the date of publication of notice of the decision below pursuant to section 4.9 of this ordinance unless the applicant consents in writing to an extension of such 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 shall constitute a decision affirming the action of the board.

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. 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,

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 township council, after the notice of appeal shall be been filed with such 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 board from whom the appeal is taken and on good cause shown.

The Borough council shall mail a copy of the decision to the appellant or, if represented, then to his attorney, without separate charge, and for a fee of $1.00 per page, not to exceed $10.00, 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 newspapers of the Borough, or in a newspaper of general circulation in the Borough. Such publication shall be arranged by the Borough clerk provided that nothing contained herein shall be construed as preventing the developer from arranging such publication if be so desires. The Borough council shall charge the developer for its publication. The period of time in which an appeal to a court of competent jurisdiction may be made shall run from the first publication, whether arranged by the Borough or the developer.

Nothing in this chapter shall be construed to restrict the right of any party to obtain a review by any court of competent jurisdiction according to law.