West Orange Township_Fourth Round HEFSP_Final Draft

KMA KYLE MCMANUS ASSOCIATES, other developers or administrative agencies conducting affirmative marketing shall provide notice to those organizations of any available units. Satisfied. 9. On the first anniversary of the execution of the Settlement Agreement, and every anniversary thereafter through the end of the Agreement, the Township agrees to provide a status report of all affordable housing trust fund activity. Compliance with this item will be determined at the appropriate time. 10. The Township shall submit its midpoint realistic opportunity review on or before July 2, 2020, as required pursuant to NJ. 52:27D-313. This midpoint review permits any Interested party, such as FSHC, to request by motion a Court hearing regarding whether any sites in the Township’s compliance plan no longer present a reallstic opportunity for affordable housing development and should be replaced, While this review is statutorily sanctioned and certainly reasonable, in the event the Court finds that an affordable housing site or other compliance mechanism should be replaced | recommend that the Township be given the opportunity to supplement Its Fair Share Plan to correct any deficiency while being protected by immunity from builder remedy litigation. This municipal opportunity to remedy a defect is certainly warranted since the plan which is being amended was approved by the Court. The Township should indicate if this was completed. 11. Within 30 days of every third anniversary of the Agreement the Township will publish on its website and submit to FSHC a status report regarding its satisfaction of the very-low income requirement pursuant to N.J.S.A, 52:27D — 329.1. Compliance with this item will be determined at the appropriate time. 5.0 CONCLUSION As directed by the Court, | have reviewed the 2026 Housing Element and Fair Share Plan of the Township of West Orange and its supporting ordinances and exhibits for compliance with the Township's Settlement Agreement with FSHC. The Housing Pian is consistent with the Court-approved Settlement Agreement, the Fair Housing Act, and COAH’s Second Round rules; however, there are a few deficlencies that must be addressed. The following provides 3 surnmary of the recommendations contained herein: 4. The Township shoutd submit a sample affordability control for the municipal rehabilltation program. 2. The Township should

e following provides 3 surnmary of the recommendations contained herein: 4. The Township shoutd submit a sample affordability control for the municipal rehabilltation program. 2. The Township should submit the Degnan's House affordability controls and identify the units which are eligible for credit Townstup of West Orange | Docket No.; ESX-L-4697-15 February 15, 2021 Camphance Hearing Poge 11