§ 26-13. APPEAL TO GOVERNING BODY.

a.

Time and Procedure for Appeal. Any interested party may appeal to the Borough Council any final decision of the Board of Adjustment approving an application for development pursuant to subsection 26-11.2.a.4. above. Such appeal shall be made within ten (10) days of the date of publication of such final decision pursuant to subsection 26-12.2.h.3. above. 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 the name and address of his or her attorney, if represented. Such appeal shall be decided by the Borough Council only upon the record established before the Board of Adjustment.

b.

Notice of Hearing on Appeal. 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 subsection 26-12.2.h.2. above and to the Board of Adjustment, 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 Borough Council shall provide for verbatim recording and transcripts of such meeting pursuant to subsection 26-12.2.g. above.

c.

Appellant's Obligation To Furnish Transcript. The appellant shall:

1.

Within five (5) days of service of the notice of the appeal pursuant to subsection a. hereof, arrange for a transcript pursuant to subsection 26-12.2.g. above for use by the Borough Council and pay a deposit of fifty ($50.00) dollars or the estimated cost of such transcript, whichever is less; or

2.

Within thirty-five (35) days of service of the notice of appeal, submit a transcript as otherwise arranged to the Borough Clerk; otherwise, the appeal may be dismissed for failure to prosecute.

d.

Time for Decision and Appeal. The Borough Council shall conclude a review of the record below not later than ninety-five (95) days from the publication of the notice of the decision below pursuant to subsection 26-12.2.h.3. above 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.

e.

Action by Borough Council. The Borough Council may reverse, remand or affirm, with or without the imposition of conditions the final decision of the Board of Adjustment approving a variance pursuant to subsection 26-11.2.a.4. above. The review shall be made on the record before the Board of Adjustment.

f.

Voting Requirements. The affirmative vote of a majority of the full authorized membership of the Borough Council shall be necessary to reverse or remand to the Board of Adjustment or to impose conditions on or alter conditions to any final action of the Board of Adjustment. Otherwise the final action of the Board of Adjustment shall be deemed to be affirmed; a tie vote of the Borough Council shall constitute affirmance of the decision of the Board of Adjustment.

g.

Effect of Appeal. 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 of Adjustment certifies to the Borough Council, after the notice of appeal shall have been filed with the 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 of Adjustment from whom the appeal is taken and on good cause shown.

h.

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 reasonable charge to any interested party who has 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 Borough. Such publication shall be arranged by the Borough Clerk, at the applicant's expense, provided that nothing contained herein shall be construed as preventing the applicant from arranging such publication if he so desires. 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 applicant.

(Ord. #637-99)