§ 212-43. Appeals from decision of Board.

A. 

Any interested party desiring to appeal the decision of the Board of Adjustment shall appeal to the governing body any final decision of the Board of Adjustment with regard to use variances.

B. 

The appellant shall, within five days of service of notice of the appeal, arrange for a transcript for use by the governing body and pay a deposit of $50 or the estimated cost of such transcription, whichever is less, or within 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.

C. 

The governing body shall conclude a review of the record below not later than 95 days from the date of publication of notice of the decision below 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.

Amended 4-15-1980 by Ord. No. 9-80