Draft_October 2025_West Orange_HEFSP_with Appendices

Township of West Orange October 2025 Essex County, New Jersey Draft Housing Element and Fair Share Plan ------------------------------------------------------------------------------------------------------------------------------------------------------------- SUMMARY OF FAIR SHARE COMPLIANCE West Orange Township Affordable Housing Obligations Prior Round Obligation (1987-1999) 226 Degnan House/ Eagle Rock Senior Citizen’s Housing Federation Plaza Habitat for Humanity Wedgewood Drive 30-32 Kingsley Marmon Terrace Merrywood Drive PRISM Redevelopment Bonus Credits Prior Round Total 226 Third Round Obligation - RDP 421 Federation Plaza Washington Street 152 Main Street 158 Main Street 46 Mount Pleasant Avenue Wedgewood Drive Dogwood Drive 525 Pleasant Valley Way St. Cloud/Forest Avenue Valley Road Residential West Essex Highlands Selecto Flash/25 Tompkins Street Stonehill Block 155, Lot 40.03 Bonus Credits Total Third Round Obligation – RDP 128 10 92 2 2 8 6 5 44 57 42 3 3 3 17 2 4 6 8 55 100 17 64 23 106 74 453 421

Township of West Orange October 2025 Essex County, New Jersey Draft Housing Element and Fair Share Plan ------------------------------------------------------------------------------------------------------------------------------------------------------------- Third Round Obligation – Unmet Need 46 Mount Pleasant Avenue Redwood Site Mayfair Farms 533 47 28 36 104 17 30 32 K-Mart/Whole Foods Shopping Center 10 Rooney Circle Rock Spring Golf Club Surplus Credits from Third Round RDP Mandatory Set-Aside Ordinance Fourth Round Obligation - RDP Fourth Round Obligation – Unmet Need 555 Northfield Avenue 172-174 Main Street 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 28 Babcock Place 4 Tompkins Street 0 660 11 1 3 14 12 11 12 39 59 4 4 41 3 5 3 3 5 2 1155 Pleasant Valley Way (Daughters of Israel) 19 Terrace Avenue 97 Edgewood Avenue 23 Oak Avenue 60 Glenview Drive 167 Pleasant Valley Way 177 Marion Drive Mandatory Set-Aside Ordinance Bonus Credits 129 7681

Township of West Orange October 2025 Essex County, New Jersey Draft Housing Element and Fair Share Plan ------------------------------------------------------------------------------------------------------------------------------------------------------------- 130

APPENDIX A Settlement Agreement between the Township of West Orange and Fair Share Housing Center (FSHC), dated April 6, 2020

82-20 April 14, 2020 RESOLUTION WHEREAS, on July 7, 2015, the Township of West Orange (the “Township”) filed a Declaratory Judgment Complaint in Superior Court, Law Division, pursuant to In re N.J.A.C. 5:96 and 5:97, 221 N.J. (2015) (Mount Laurel IV), seeking, among other things, a judicial declaration that its Housing Element and Fair Share Plan (hereinafter “Fair Share Plan"), as to be amended as necessary, satisfies its “fair share” of the regional need for low and moderate income housing pursuant to the “Mount Laurel doctrine”; and WHEREAS, the Township simultaneously sought, and ultimately secured, a protective Order providing the Township with immunity from all exclusionary zoning lawsuits while it pursues approval of its Fair Share Plan; and WHEREAS, the Trial Judge appointed Elizabeth McManus, PP, AICP, LEED AP, as the Special Court Master (hereinafter the “Court Master’), as is customary in Mount Laurel matters adjudicated in the courts; and WHEREAS, with the assistance from the Court Master, the Township and Fair Share Housing Center (hereinafter “FSHC") engaged in good faith negotiations which resulted in an amicable accord on the various substantive terms and conditions as set forth in the Settlement Agreement attached hereto as Exhibit A; and WHEREAS, the Township was represented in these negotiations by the Township's Affordable Housing Planner Shirley Bishop; and WHEREAS, through the process, the Township and FSHC agreed upon the Township's affordable housing obligations and the compliance techniques necessary for 69297-006: 800617.1

the Township to satisfy its “fair share" of the regional need for low- and moderate- income housing; and WHEREAS, the Township and FSHC also agreed to present the Settlement Agreement to the Trial Judge for approval at a duly-noticed Mount Laurel Fairness Hearing; and WHEREAS, although there is a well-established policy favoring the settlement of all forms of litigation, the settlement of Mount Laurel litigation is particularly favored because (1) it avoids the expenditure of finite public resources; and (2) expedites the construction of safe, decent housing for the region’s low- and moderate-income households; and WHEREAS, in light of the above, the Council finds that it is in the best interest of the Township to execute the attached Settlement Agreement with FSHC and to take the various other actions delineated below, which will ultimately result in approval of the Township's Fair Share Plan which, in turn, will maintain the Township's immunity from all Mount Laure! lawsuits for the ten-year period set forth in the New Jersey Fair Share Housing Act, N.J.S.A. 52:27D-301 to 329. NOW, THEREFORE, BE IT RESOLVED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF WEST ORANGE that the Township Council hereby directs, authorizes and empowers the Mayor to execute the Settlement Agreement attached hereto as Exhibit “A;” and be it further RESOLVED, that the Council hereby directs, authorizes and empowers the Township's Counsel to (a) file the fully-executed Settlement Agreement with the Court is) 4810-8690-6037, v. 1

for review and approval at a duly-noticed Fairness Hearing, (b) take all actions reasonable and necessary to secure an Order approving the Settlement Agreement, and (c) work towards ultimately securing judicial approval of the Township's Fair Share Plan, after it is drafted, adopted by the Township Planning Board and endorsed by the Council; and be it further RESOLVED, that all other appropriate Township officials are hereby directed, authorized and empowered to execute all documents and take all steps necessary and appropriate to effectuate the terms and purposes of this Resolution and the Settlement Agreement; and be it further RESOLVED, that this Resolution shall be published and made available in the Clerk's office in accordance with applicable law. é J. Carneyale, R.M.C. el Municipal Clerk Council President Adopted: April 14, 2020 4810-8690-6037, v. 1

82-20 EXHIBIT “A”

82-20 Peter 5. O'Connor. Esa. Adam M. Gordon, Esq. 4] FAIR SHARE Reece HOUSING CENTER sea es ga April 6, 2020 Richard Trenk, Esq. McManimom Scotland and Baumann 75 Livingston Avenue Roseland, NJ 07068 Re: _ In the Matter of the Township of West Orange, County of Essex, Docket No. ESX-L-4697-15 Dear Mr. Trenk: This letter memorializes the terms of an agreement reached between the Township of West Orange (the Township or “West Orange”), the declaratory judgment plaintiff, and Fair Share Housing Center (FSHC), a Supreme Court-designated interested party in this matter in accordance with In re N.J.A.C. 5:96 and 5:97, 221 N.J. 1, 30 (2015) (Mount Laurel IV) and, through this settlement, a defendant in this proceeding. Background West Orange Township filed the above-captioned matter on July 21, 2015 seeking a declaration of its compliance with the Mount Laurel doctrine and the Fair Housing Act of 1985, N.J.S.A. 52:27D-301, et seq., in accordance with In re N.J.A.C. 5:96 and 5:97, supra. Through the declaratory judgment process, the Township and FSHC have agreed to settle the litigation and to present that settlement to the trial court with jurisdiction over this matter to review, recognizing that the settlement of Mount Laurel litigation is favored because it avoids delays and the expense of trial and results more quickly in the construction of homes for lower-income households. Settlement terms The Township and FSHC hereby agree to the following terms: 1. FSHC agrees that the Township, through the adoption of a Housing Element and Fair Share Plan conforming with the terms of this Agreement (hereafter “the Plan") and through the implementation of the Plan and this Agreement, satisfies its obligations under the Mount Laurel doctrine and Fair Housing Act of 1985, N.J.S.A. 52:27D-301, et seq., for the Prior Round (1987-1999) and Third Round (1999-2025). 2. At this time and at this particular point in the process resulting from the Supreme Court's Mount Laurel IV decision, when Third Round fair share obligations have yet to be definitively determined, it is appropriate for the parties to arrive at a settlement regarding a municipality's Third Round Obligation instead of doing so through plenary adjudication of the Third Round Obligation. 3. FSHC and West Orange hereby agree that West Orange’s affordable housing obligations are as follows: 510 Pork

gation instead of doing so through plenary adjudication of the Third Round Obligation. 3. FSHC and West Orange hereby agree that West Orange’s affordable housing obligations are as follows: 510 Pork Blvd. » Cherry Hill, New Jersey 08002 + 856-665-5444 = fax: 856-663-8182 « www. fairsharehousing.org