New Jersey § 45:22a-46

§ 45:22a-46.

a. A developer seeking to change an age-restricted development approval to a converted

development approval shall file an application with the approving board seeking an

amendment to the previously granted approvals requesting the authority to develop

the land as a converted development. At such time, the developer shall also file a copy of said notice with the municipal

clerk of the municipality in which the development is located and the developer shall

provide notice prior to a hearing on the application in the manner prescribed by section

7.1 of P.L.1975, c. 291 ( C.40:55D-12 ). (1) No application for an amended approval seeking the authority to construct a converted

development shall be considered a “use variance” or other “'d' variance” application

pursuant to subsection d. of section 57 of P.L.1975, c. 291 ( C.40:55D-70 ). Both planning boards that initially granted approvals for the age-restricted development

and zoning boards of adjustment that initially granted approvals for the age-restricted

development shall have the legal authority to grant amended approvals for a converted

development without the need to seek relief pursuant to subsection d. of section 57

of P.L.1975, c. 291 ( C.40:55D-70 ), it being the intent of this act that such converted developments are to be considered

permitted uses in the zoning district in which they are located. b. Applications seeking amended approval for a converted development shall include

documentation that all of the following site improvement and infrastructure requirements

have been met: (1) the site meets the Residential Site Improvement Standards parking requirement

for the residential land uses in a converted development as established pursuant to N.J.A.C.5:21-4.14 through - 4.16 ; (2) the recreation improvements and other amenities to be constructed on the site

have been revised, as needed, to meet the needs of a converted development; (3) the water supply system is adequate, as determined pursuant to N.J.A.C.5:21-5.1 , to meet the needs of a converted development; (4) the capacity of the sanitary sewer system is adequate to meet the projected flow

requirements of a converted development pursuant to N.J.A.C.7:14A-23.3 ; (5) if additional water supply or sewer capacity is needed and the developer is unable

to obtain additional supply or capacity, the number of dwelling units in the development

has been reduced accordingly; (6) if additional parking is needed, and the developer is unable to provide the required

parking, the number of dwelling units in the development has been reduced accordingly;

and (7) if additional parking is provided and increases the amount of impervious cover

by more than one percent, the storm water system calculations and improvements have

been revised accordingly , except that solar panels shall not be included in any calculation of impervious

surface or impervious cover. As used in this paragraph, “ solar panel ” means an elevated panel or plate, or a canopy or array thereof, that captures and

converts solar radiation to produce power, and includes flat plate, focusing solar

collectors, or photovoltaic solar cells and excludes the base or foundation of the

panel, plate, canopy, or array . c. If the approving board determines that the requirements of P.L.2009, c. 82 ( C.45:22A-46.3 et seq. ) have been satisfied, and the conversion can be granted without substantial detriment

to the public good and will not substantially impair the intent and purpose of the

zone plan and zoning ordinance, the application for the conversion shall be approved.