There is hereby established, pursuant to N.J.S.A. 40:55D-1 et seq., in the Borough of Hopatcong, a Planning Board of seven members as set forth in the statute.

The Mayor or Council of the Borough of Hopatcong may remove any member of the Planning Board (other than the Class I member) for cause, on written charges served upon the member, and after a hearing thereon at which the member shall be entitled to be heard in person or by counsel.

The terms of Planning Board members shall be as set forth in N.J.S.A. 40:55D-23. If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment as above provided for the unexpired term.

The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV and select a Secretary, who may be either a member of the Planning Board or a municipal employee designated by it.

There is hereby created the office of Planning Board Attorney. The Planning Board may annually appoint, fix the compensation of or agree upon the rate of compensation of the Planning Board Attorney, who shall be an attorney other than the Municipal Attorney. The Planning Board may also employ or contract for the services of experts and other staff and services as it may deem necessary. The Board shall not, however, exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use.

The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of N.J.S.A. 2A:67A-1 et seq. shall apply. It shall also have the following powers and duties:

A. To make and adopt and from time to time amend a Master Plan for the physical development of the municipality, including any areas outside its boundaries which, in the Board's judgment, bear essential relation to the planning of the municipality, in accordance with the provisions of N.J.S.A. 40:55D-28.

B. To administer the provisions of Chapters 191 and 209 of this Code in accordance with the provisions of said chapters and the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

C. To approve conditional use applications in accordance with the provisions of Chapter 242, pursuant to N.J.S.A. 40:55D-67.

D. To participate in the preparation and review of programs or plans required by state or federal law or regulations.

E. To assemble data on a continuing basis as part of a continuous planning process.

F. To annually prepare a program of municipal capital improvement projects projected over a term of six years, and amendments thereto, and recommend same to the governing body.

G. To consider and make report to the governing body within 35 days after referral as to any proposed development regulation submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26a and also pass upon other matters specifically referred to the Planning Board by the governing body pursuant to the provisions of N.J.S.A. 40:55D-26b.

H. When reviewing applications for approval of subdivision plats, site plans or conditional uses, to grant, to the same extent and subject to the same restrictions as the Zoning Board of Adjustment, variances pursuant to N.J.S.A. 40:55D-70c. Whenever relief is requested pursuant to this subsection, notice of a hearing on the application for development shall include reference to the request for a variance or direction for issuance of a permit, as the case may be.

I. To perform such other advisory duties as are assigned to it by ordinance or resolution of the governing body for the aid and assistance of the governing body or other agencies or officers.

A. Minor subdivisions. Minor subdivision approvals shall be granted or denied within 45 days of the date of submission of a complete application to the Planning Board or within such further time as may be consented to by the applicant. Approval of a minor subdivision shall expire 190 days from the date of the Planning Board's publication of the resolution of approval, unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law or a deed clearly describing the approved minor subdivision is filed by the developer with the county recording officer, the Municipal Engineer and the Municipal Tax Assessor. Any such plat or deed must be signed by the Chairman and Secretary of the Planning Board before it will be accepted for filing by the county recording officer.

B. Preliminary approval; site plans and subdivisions.

(1) Upon submission of a complete application for a site plan which involves 10 acres of land or less and 10 dwelling units or fewer or for a subdivision of 10 or fewer lots, the Planning Board shall grant or deny preliminary approval within 45 days of certification of completeness of such submission or within such further time as may be consented to by the developer.

(2) Upon submission of a complete application for a site plan which involves more than 10 acres or more than 10 dwelling units or for a subdivision of more than 10 lots, the Planning Board shall grant or deny preliminary approval within 95 days of the date of certification of completeness of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval for the subdivision or site plan.

C. Ancillary powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in § 28-6G of this chapter, the Planning Board shall grant or deny approval of the application within 95 days after submission by the developer of a complete application or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant.

D. Final approval. Application for final subdivision or site plan approval shall be granted or denied within 45 days of certification of completeness of the application or within such further time as may be consented to by the applicant. Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the county recording officer. The Planning Board may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat.

A. Applications for development within the jurisdiction of the Planning Board pursuant to N.J.S.A. 40:55D-1 et seq. shall be filed as follows: The applicant shall file 15 copies of the application, with all maps, reports and other required and supporting documentation. The applicant shall submit a complete application, complying with Chapters 191 and/or 209, no less than 28 days before the requested hearing date.

B. If any application for development (minor subdivision, preliminary major subdivision, final major subdivision, site plan or conditional use) is found to be incomplete, i.e., not providing all the information called for on the checklists adopted as part of this section, the developer shall be notified, in writing, of the deficiencies therein by the Board or the Board's designee for the determination of completeness within 45 days of the submission of such application, or it shall be deemed properly submitted. When it has been deemed by the Board or the Board's designee for the determination of completeness that an application meets all the requirements specified in this chapter and the rules and regulations of the Board, the Board Secretary shall immediately notify the applicant, in writing, that the application is complete. The application shall be deemed complete as of the date it was so certified for purposes of the commencement of the time periods for action by the Board.

C. After an application has been certified complete (or is deemed to be complete by virtue of the failure of the Board or its designee for the determination of completeness to take action within 45 days from the date of submission), the Board Secretary shall schedule said application for hearing.

D. The submission of an application for development shall be construed as granting permission to the reviewing board, its agents and consultants and other officials of the Borough to enter onto the property for the purpose of making inspections so as to aid in the review of the application.