March 1, 2017

DISCUSSION(S) Council on Affordable Housing Presented by: Paul Grygiel, PP, AICP, Township Planner Mr. Grygiel stated that the April agenda would include a proposed Amendment to the Fair Share Plan of the Township that was part of the Housing Element; a requirement of the Council on Affordable Housing (COAH) compliance. He stated that at this time, a very minor change was proposed. The Township's affordable housing consultant, Shirley Bishop, was preparing the document. He stated the amendment would be presented as any other Amendment to the Master Plan; a Public Hearing, with publication of the Notice of Hearing in local newspapers and certified mailing to neighboring municipalities and interested parties. Chairman Bagoff asked if the document was pro forma, or would the Board have a chance for modification based on discussion. Mr. Grygiel stated he thought the changes would be very minor; but it would be open to modification if there was an issue. He stated the Board would have to vote either yes or no on the Amendment. It was important to move on the issue. Councilwoman McCartney suggested Mr. Grygiel bring everyone up to date on COAH. Mr. Weston asked if the Amendment should be considered together with the Master Plan Reexamination, or separately. Mr. Grygiel stated separately; although it appeared that sometime within this calendar year major changes to the Housing Element of the Master Plan would be necessary. Mr. Eben requested clarification on the current status of COAH. Chairman Bagoff and Mr. Grygiel discussed the Public Noticing requirements for the Public Hearing on the Amendment to Adopted Fair Share Plan. Mr. Dwyer would prepare the Public Notice, the Secretary would arrange for newspaper publication and certified mailing to surrounding municipalities and interested parties. Per the request of Board members, Mr. Grygiel gave a brief recapitulation of COAH. He stated that in its 1983 Mt. Laurel ruling, the NJ Supreme Court determined that each municipality had a constitutional obligation to create its fair share of affordable housing to low-and moderate-income households. He stated that West Orange had always been very pro-active regarding the topic — First Round and Second Round — and the Third Round that began in 2005. However, certain aspects of the Third Round had been dismissed in 2008. The Township then updated its plan for

arding the topic — First Round and Second Round — and the Third Round that began in 2005. However, certain aspects of the Third Round had been dismissed in 2008. The Township then updated its plan for submission for certification. The Township was one of the few municipalities that had actually been approved for Third Round certification. Unfortunately, based on the 2015 Supreme Court decision, West Orange must now reexamine its obligation; it must essentially start over. At this time, there are no definitive numbers. COAH as an entity no longer exists, they no longer furnish numbers; the Council on Affordable Housing was shut down by the Governor several year ago. Numbers were now put forth by the Fair Share Housing Center, a non-profit group that is intervening together with a Special Master. A judge will now have to decide what numbers West Orange is obligated to fulfil.