Any interested party may appeal any final decision of the Zoning Board of Adjustment approving an application for development pursuant to § 110-205D and N.J.S.A. 40:55D-70(d) to the Borough Council.
Such appeal shall be taken within 10 days of the date of publication of such final decision, pursuant to § 110-36, pursuant to the following provisions and all applicable provisions of N.J.S.A. 40:55D-1, et seq.:
A. 
The appellant shall, within five days of service of the notice of the appeal, arrange for a transcript of the hearings of the decision under appeal for use by the Borough Council. Such transcript shall be pursuant to § 110-207, and the appellant shall pay a deposit of $5,000 or the estimated cost of such transcript, whichever is less, to the Borough Clerk or, within 35 days of service of notice of appeal, submit a transcript as otherwise arranged, or such appeal may be dismissed for failure to prosecute.
B. 
In addition to the transcript of the hearings on the application, the record on appeal to the Borough Council shall include the minutes of any meeting at which the application was discussed, the reports and recommendations of each Borough official or agency to which the application was referred and a copy of the resolution of action or resolution memorializing such action on the decision under appeal.
C. 
Notice of the Borough Council meeting to hear and decide such appeal shall be given by the Borough Council by personal service or certified mail to the appellant, to those persons entitled to copies of a resolution of action or a resolution memorializing an action, pursuant to § 110-35, and to the Zoning Board of Adjustment, at least 10 days prior to the date of such meeting.
D. 
The parties involved may submit oral and written argument on the record at such Borough Council meeting, and the Borough Council shall provide for verbatim recording and transcripts of such meeting pursuant to § 110-207.
The Borough Council shall conclude a review of the record below not later than 95 days from the date of publication of such final decision, pursuant to § 110-36, unless the appellant consents, in writing, to an extension of such period. Failure of the Borough Council to hold a hearing, conclude its review of the record and render a decision within the above specified time period shall constitute a decision affirming the action of the Zoning Board of Adjustment.