[Added 6-21-89 by Ord. No. P-58]
B. Cost allocation. If the Planning Board determines that the developer may contribute toward required off-tract improvements in lieu of such improvements being installed, the Planning Board shall allocate the cost of said off-tract improvements in accordance with the standards hereinafter set forth. The improvement of a stream and/or widening of or the construction of drainage or other improvements in a street or road fronting on the tract to be subdivided and/or developed shall not constitute an off-tract improvement and the cost of said improvement shall not be allocated.
**Webmasters Note: The previous sections, 196-61.B(2) through 196-63.1.B., have been amended as per Supplement No. 47.
(1) Allocation considerations. The allocation of the cost of off tract improvements shall be determined in accordance with the following
(a) The Planning Board may consider the total cost of the off-tract improvements, the benefits conferred upon the site or subdivision, the needs created by the site or subdivision, population and land use projections for the general areas of the site or subdivision and other areas to be served by the off-tract improvements, the estimated times of construction of off-tract improvements and the condition and periods of usefulness, which periods may be based on the criteria of N.J.S.A. 40A.2-22. The Planning Board may further consider the criteria set forth below.
(b) Road, curb, gutter and sidewalk improvements may be based on the anticipated increase of traffic generated by the site or subdivision. In determining such traffic increase, the Planning Board may consider traffic counts, existing and projected traffic patterns, quality of roads and sidewalks in the area and the other factors related to the need created by the site or subdivision and anticipated thereto.
(c) Drainage facilities may be based on the percentage relationship between the site or subdivision acreage and the acreage of the total drainage basins involved or on calculations developing the percentage contribution that the storm runoff from a particular site or subdivision bears to the total design capacity of any improvement; the particular methods to be selected in each instance by the, City Engineer or city engineering consultant.
(d) Water supply and distribution facilities and sewerage facilities shall be based upon a proportion as determined by the current rules and regulations or procedures of the City of Hoboken Department of Public Works.
(2) Use of funds collected. All moneys received by the municipality in accordance with the provisions of this section shall be paid to the Department of Revenue and Finance who shall provide for a suitable depository therefor. Such funds shall be used only for the improvements for which they are deposited or improvements serving the same purposes unless such improvements are not initiated for a period of five (5) years from the date of payment, after which time said funds shall be transferred to the capital improvement fund of the municipality.
(3) Apportionment of costs. The apportionment of costs shall be determined by the Planning Board. The developer shall be afforded an opportunity before said Board to present evidence relative thereto.
C. Assessment not precluded. Nothing in this section of this Article shall preclude the municipality from assessing any property benefitting from installation of any off-tract improvements as provided in this section pursuant to the provisions of the Revised Statutes of New Jersey, an allowance being made to the respective parcels of realty for payments herein.
[Added 6-21-89 by Ord. No. P-58]
Per N.J.S.A. 40-.55D-42 Chapter 291, laws of New Jersey, 1975, and in conjunction with the approval of any site plan by the Planning Board or Zoning Board of Adjustment, a fee established by the Mayor and Council of the City of Hoboken shall be assessed against the approved structure for deposit in a municipal infrastructure fund for off-tract improvements such as the city water supply system, public underground utilities, storm sewers, sanitary sewers serving the project and the sewerage treatment plant. Such assessment may be levied against any development with an approved site plan which has not Yet been connected to the sewer system.
