West Orange Township_Fourth Round HEFSP_Final Draft

Township of West Orange August 2025 Essex County, New Jersey Draft Housing Element and Fair Share Plan ------------------------------------------------------------------------------------------------------------------------------------------------------------- “for sale” market rate residential units and uses attendant and necessary thereto; up to 71 low and moderate income affordable residential units pursuant to the applicable regulations of the NJ Council on Affordable Housing (“COAH”) and the Township’s growth share obligations thereunder.” The Township and Prism entered into a modified Agreement dated August 8, 2014 (the “First Agreement Amendment”). The Modification Agreement redefined the scope of the Phase 1 Project to contain “(i) approximately 333 residential rental units; (ii) approximately 18,500 square feet of commercial retail space; (iii) approximately 31,700 square feet of other amenity support space; (iv) a parking structure containing approximately 635 spaces (the “Parking Deck”); and (v) such other parking areas as may be approved by the Planning Board in accordance with the provisions of the Redevelopment Plan to accommodate parking for residential and retail uses as hereinafter provided; together with certain public infrastructure and improvements relating thereto, including utilities, roadways, pathways, sidewalks, public rights of way and open space, and other amenities on the Edison Battery Parcels.” A revised Redevelopment Agreement was executed between the Township and DGP Urban Renewal LLC., on August 11, 2015 (the “Second Agreement Amendment”). This Second Amendment redefined the affordable housing obligations of the Phase 1 construction: “The Township hereby expressly agrees and acknowledges that Redeveloper shall have no obligation to include any affordable housing units within the Phase 1 Project or on the Phase 1 Property. However, Redeveloper will make payment of a non-residential development fee in accordance with N.J.S.A. 40:55D8.1 et seq. (the “Non Residential Development Fee”), but only in the event and to the extent that such fee applies at the time of issuance of the Certificate of Occupancy for the non-residential portion of the Project” (Section 4.7). Further, the Second Amendment also established a timeframe for construction: “Commencement of Construction of the Phase 1 Project will commence by September 30, 2015,

on of the Project” (Section 4.7). Further, the Second Amendment also established a timeframe for construction: “Commencement of Construction of the Phase 1 Project will commence by September 30, 2015, and Completion of Construction of Phase 1 Project will take place by September 30, 2017.” Phase 1 was completed according to this timeline, thus creating the current Edison Lofts building on the site. Phase 2 Phase 2 of the Downtown Redevelopment Plan is divided into four (4) subphases: Phases 2A, 2B, 2C, and 2D (see following map). Collectively, the subphases will result in the construction of 296 additional residential units, including 44 affordable rental units for low- and moderate-income residents. Phase 2C outlines the construction of the 44 affordable apartments at 28-40, 42, and 64 Ashland Avenue and 64 Park Avenue (Block 64, Lots 3, 21, 22, 25, and 27). 44