Town CrierWest Orange, New Jersey
← Back to search

Supporting Documentation · Nov 10, 2024

Draft_October 2025_West Orange_HEFSP_with Appendices

Preserved file SHA-2568cc4336a49563e60aff1fbef6e7a71a52d9114761e55ff472121fb6c568c7b40

Indexed text

Page 120

the facility was provided by the Special Needs Housing Trust Fund. The 30-year affordability controls for the group home began on the date of the mortgage, August 25, 2010. Three (3) credits are being applied to the Township’s Fourth Round obligation. Further, the Township will claim all three (3) bonus credits, at a ratio of 1 bonus credits per 1 unit as the proposed units meet the COAH criteria described below: “Each unit of low- or moderate-income housing for individuals with special needs or permanent supportive housing, as those terms are defined in section 2 of P.L. 2004, c.70 (C.34:1B-21.24).” All associated documentation can be found in Appendix MO. 120

Page 121

Township of West Orange October 2025 Essex County, New Jersey Draft Housing Element and Fair Share Plan ------------------------------------------------------------------------------------------------------------------------------------------------------------- 167 Pleasant Valley Way The property at 167 Pleasant Valley Way includes Lot 13.03 of Block 179.14. The lot measures approximately 34,000 square feet (0.8 acres) in area and is located in the R-5 District (One-family dwellings on 10,000 square foot lots) of the Township. The alternative living arrangement is owned and operated by Children’s Aid and Family Service and includes five (5) very-low-income rental bedroomsunits (i.e., 1 bedroom for each of the occupants). The home on the site was constructed in 1955 and was used as a single-family residence until 2008. A deed transferring ownership to Children’s Aid and Family Service was made on October 28, 2008. Further, a deed restriction covenant was made on January 21, 2021, which established affordability controls for the site and outlined the funding received from the HOME Program. The 15-year affordability controls for the group home began on the date of the deed restriction covenant. Five (5) credits are being applied to the Township’s Fourth Round obligation. Further, the Township will claim all five (5) bonus credits, at a ratio of 1 bonus credits per 1 unit as the proposed units meet the COAH criteria described below: “Each unit of low- or moderate-income housing for individuals with special needs or permanent supportive housing, as those terms are defined in section 2 of P.L. 2004, c.70 (C.34:1B-21.24).” All associated documentation can be found in Appendix MO. 177 Marion Drive The property at 177 Marion Drive includes Qualifier C0177 of Lot 27 of Block 155. The lot measures approximately 1,676 square feet in area and is located in the Planned Unit Residential Development (PURD) District of the Township. The alternative living arrangement is owned and operated by ARC of Essex County and includes two (2) very-low-income rental bedroomsunits. The home on the site was constructed in 1980 and was used as a single-family residence until 2013. A deed transferring ownership to ARC of Essex County was made on August 29, 2013. Further, a deed restriction covenant was made on June 26, 2014, which established affordability controls for the site and

Page 121

eed transferring ownership to ARC of Essex County was made on August 29, 2013. Further, a deed restriction covenant was made on June 26, 2014, which established affordability controls for the site and outlined the funding received from the HOME Program. The 15-year affordability controls for the group home began on the date of the deed restriction covenant. Two (2) credits are being applied to the Township’s Fourth Round obligation. Further, the Township will claim both bonus credits, at a ratio of 1 bonus credits per 1 unit as the proposed units meet the COAH criteria described below: “Each unit of low- or moderate-income housing for individuals with special needs or permanent supportive housing, as those terms are defined in section 2 of P.L. 2004, c.70 (C.34:1B-21.24).” 121

Page 122

Township of West Orange October 2025 Essex County, New Jersey Draft Housing Element and Fair Share Plan ------------------------------------------------------------------------------------------------------------------------------------------------------------- All associated documentation can be found in Appendix MO. Additional Mechanisms Affordable Housing Ordinance An Affordable Housing Ordinance was most recently amended by the Township on October 10, 2020 (Ordinance No. 2619-20) (see Appendix H), establishing the criteria for implementing affordable housing units in conformance with the Uniform Housing Affordability Controls (UHAC). While this Plan acknowledges that an amendment to the UHAC was released on an emergency basis in December 2024, those rules are set to expire in December 2025. It is also the understanding that the Housing Mortgage and Finance Agency (HMFA), the entity currently responsible for the UHAC regulations, is in the process of establishing further amendments to those rules. Because of the uncertainty with the UHAC regulations, the Township will refrain from adopting an updated ordinance until such rules are finalized, acknowledging that the December 2024 UHAC rules adopted under emergency measures are the current governing regulations. Should there be any discrepancy between the Township’s adopted ordinance and the current UHAC regulations, the current UHAC regulations shall govern. Development Fee Ordinance A Development Fee Ordinance was adopted by the Township on October 10, 2020 (Ordinance No. 261920) (see Appendix H). Additional Affordable Housing Resolutions The Township adopted several additional affordable housing resolutions (Appendix NP). These include: • Resolution 186-25 – Appointing Geniece Gary-Adams as the Township’s Municipal Housing Liaison, and Peter F. Smeraldo, Jr. as the Alternate Municipal Housing Liaison • Resolution 17-24 – Appointing CGP&H as the Township’s Administrative Agent Accessory Apartment Ordinance West Orange proposes to adopt an Accessory Apartment Ordinance, to create a Township Accessory Apartment Program. This Ordinance will only apply to existing accessory structures (e.g., garages and carriage houses). The Program will be modeled upon the accessory apartment regulations outlined in N.J.A.C. 5:93-5.9, as most recently amended. These regulations permit up to 10 accessory apartments to be

Page 122

iage houses). The Program will be modeled upon the accessory apartment regulations outlined in N.J.A.C. 5:93-5.9, as most recently amended. These regulations permit up to 10 accessory apartments to be used to address a municipality’s affordable obligation. The Township’s Program will require the standard 10-year deed restriction as per N.J.A.C. 5:93-5.9(e), and a minimum subsidy of $10,000 per unit allowed for under N.J.A.C. 5:93-5.9(a)(2). 122

Page 123

Township of West Orange October 2025 Essex County, New Jersey Draft Housing Element and Fair Share Plan ------------------------------------------------------------------------------------------------------------------------------------------------------------- Summary of West Orange’s Fourth Round Unmet Need of 660 Existing/Approved Inclusionary Developments: 555 Northfield Avenue 172-174 Main Street 11 units 1 unit Proposed Inclusionary Developments: 216-222 Main Street 275 Northfield Avenue 762 Pleasant Valley Way 217 Main Street 525 Northfield Avenue (Essex House) 103 Pleasant Valley Way (Greenhill) 350 Pleasant Valley Way 3 units 14 units 12 11 units 12 units 39 units 59 units Proposed 100% Affordable Developments: 28 Babcock Place 4 Tompkins Street 4 units 4 units Proposed Continuing Care Retirement Community (CCRC): 1155 Pleasant Valley Way (Daughters of Israel) 41 beds Existing Group Homes 19 Terrace Avenue 97 Edgewood Avenue 23 Oak Avenue 60 Glenview Drive 167 Pleasant Valley Way 177 Marion Drive 3 bedrooms 5 bedrooms 3 bedrooms 3 bedrooms 5 bedrooms 2 bedrooms Accessory Apartment Ordinance 10 units Mandatory Set-Aside Ordinance Total Units 123 230

Page 124

Township of West Orange October 2025 Essex County, New Jersey Draft Housing Element and Fair Share Plan ------------------------------------------------------------------------------------------------------------------------------------------------------------- Bonus Credits: 555 Northfield Avenue 217 Main Street 28 Babcock Place 4 Tompkins Street 525 Northfield Avenue (Essex House) 350 Pleasant Valley Way 216-222 Main Street 19 Terrace Avenue 97 Edgewood Avenue 23 Oak Avenue 60 Glenview Drive 167 Pleasant Valley Way 177 Marion Drive 11 credits 5 credits 4 credits 4 credits 6 credits 29 credits 1 credit 3 credits 5 credits 3 credits 3 credits 5 credits 2 credits Total Bonus Credits Total Fourth Round Unmet Need 76 81 297 301 Addressing Additional Fourth Round Requirements As outlined in the “Current Standards” section of this Plan, the Township must comply with the established minimum requirements for rental units, units for families with children, and the very-low-income requirement. Further, the age-restricted housing cap must not be exceeded. These standards are outlined below, along with a discussion to address each requirement. A total of 230 actual affordable housing units is proposed. Age-Restricted Housing As a municipality may not satisfy more than 30% of the affordable units, exclusive of bonus credits, to address its prospective need affordable housing obligation through the creation of age-restricted housing, a maximum of 69 age-restricted units (i.e., 30% of 230) can be created. Fourth Round Unmet Need: Age-Restricted Housing Proposed Units: 1155 Pleasant Valley Way (Daughters of Israel) 41 beds Total Units 41 124

Page 125

Township of West Orange October 2025 Essex County, New Jersey Draft Housing Element and Fair Share Plan ------------------------------------------------------------------------------------------------------------------------------------------------------------- Families with Children As a minimum of 50% of a municipality’s actual affordable housing units, exclusive of bonus credits, must be made available to families with children, a minimum of 115 family units (i.e., 50% of 230) must be created. Fourth Round Unmet Need: Families with Children Proposed Units: 216-222 Main Street 275 Northfield Avenue 103 Pleasant Valley Way (Greenhill) 350 Pleasant Valley Way 3 units 14 units 39 units 59 units Total Units 115 Rental Units As a minimum of 25% of a municipality’s actual affordable housing units, exclusive of bonus credits, shall be satisfied through rental units, a minimum of 58 rental units (i.e., 25% of 230) must be created. Further, as at least half of that number must be available to families with children, a minimum of 29 rental family units (i.e., 50% of 58) must be created. Fourth Round Unmet Need: Rental Requirement Family Rental Units Proposed Units: 216-222 Main Street 350 Pleasant Valley Way Total Rental Units • Total Family Rental Units 3 units 59 units 62 62 Very-Low Income Requirement As at least 13% of the housing units made available for occupancy by low-income and moderate-income houses shall be reserved for low-income households earning 30% or less of the median income pursuant to the Fair Share Housing Act, N.J.S.A. 52:27D-301, et seq, a minimum of 30 very-low-income units (i.e., 13% of 230) must be created. Further, as half of the very low-income units must be made available to families with children, a minimum of 15 very-low-income family units (i.e., 50% of 30) must be created. 125

Page 126

Township of West Orange October 2025 Essex County, New Jersey Draft Housing Element and Fair Share Plan ------------------------------------------------------------------------------------------------------------------------------------------------------------- Fourth Round Unmet Need: Very-Low-Income Requirement Very-LowIncome Units Very-LowIncome Family Units Existing Units: 555 Northfield Avenue 19 Terrace Avenue 97 Edgewood Avenue 23 Oak Avenue 60 Glenview Drive 167 Pleasant Valley Way 177 Marion Drive 11 units 3 bedrooms 5 bedrooms 3 bedrooms 3 bedrooms 5 bedrooms 2 bedrooms Proposed Units: 1155 Pleasant Valley Way (Daughters of Israel) 41 beds Proposed Units: 275 Northfield Avenue 103 Pleasant Valley Way (Greenhill) 350 Pleasant Valley Way 2 units 5 units 8 units Total Very-Low-Income Units • 88 Total Very-Low-Income Family Units 15 126

Page 127

Township of West Orange October 2025 Essex County, New Jersey Draft Housing Element and Fair Share Plan ------------------------------------------------------------------------------------------------------------------------------------------------------------- CONSISTENCY WITH STATE PLANNING REQUIREMENTS State Plan In accordance with the amended Fair Housing Act, Housing Elements and Fair Share Plans shall provide an analysis of consistency with the State Development and Redevelopment Plan (SDRP), including water, wastewater, stormwater, and multi-modal transportation based on guidance and technical assistance from the State Planning Commission. New Jersey adopted its last SDPR in 2001. A draft amendment to the SDRP was prepared in 2011 but ultimately never adopted. The Office of Planning Advocacy released a new draft SDRP on December 4, 2024. The State is currently going through the Plan conformance process. Objectives for Metropolitan Planning Areas (PA1), the primary land designation assigned to the Township of West Orange, from the adopted 2001 State Plan are outlined below: • Provide for much of the state’s future redevelopment • Revitalize cities and towns • Promote growth in compact forms • Stabilize older suburbs • Redesign areas of sprawl • Protect the character of existing stable communities Multigenerational Family Housing An amendment to the Fair Housing Act requires “an analysis of the extent to which municipal ordinances and other local factors advance or detract from the goal of preserving multigenerational family continuity as expressed in the recommendations of the Multigenerational Family Housing Continuity Commission, adopted pursuant to paragraph (1) of subsection f. of section 1 of P.L.2021, c.273 (C.52:27D-329.20).” As of the date of this Housing Plan, there have been no recommendations by the Multigenerational Family Housing Continuity Commission in which to provide an analysis. USE OF SURPLUS CREDITS Any surplus credits generated would be applied to any future obligation that the Township may have. 127

File revisions (1)