Any person aggrieved by a decision of the municipality
or its designee, to grant or deny an approval under this chapter may
file an appeal within 30 days from the date of the decision to the
Borough Council. Such appeal shall be filed with the Borough Secretary
and shall include payment of an appeal filing fee in the amount of
$100, plus actual costs incurred by the Borough such as court report's
appearance fees or advertising, with the filing fee and/or such other
amounts subject to being revised from time to time by ordinance or
resolution by the Borough Council. Upon the timely filing of such
appeal, the Borough Council shall hold a Local Agency Law hearing
and may, affirm, modify or reverse the decision appealed from by the
appellant. The Borough Council may impose, as part of its decision,
any conditions and safeguards necessary in order to protect the public
health, safety and welfare or to protect private or public property
and to promote the objectives of this chapter. The Borough Council,
as part of its decision, may adjudicate constitutional law issues
and shall apply and interpret this chapter so as to avoid a taking
or other constitutional violations. The Borough Council upon appeal
may grant relief from any substantive requirements herein of full
compliance with the requirement, due to unique physical conditions
of the land, where full compliance is not reasonably possible and
would not permit reasonable use of the property and where waiving
the requirement will not result in significant adverse environmental
consequences, damages or danger to other property or violation of
other applicable laws or ordinances.