Draft_October 2025_West Orange_HEFSP_with Appendices

ESESX L.004697-15 08/03/2020 Pg 2 of 8 Trans ID: LCV20201360647 20 ESSEX COUNTY SUPERIOR COURT McMANIMON, SCOTLAND & BAUMANN, LLC 75 Livingston Avenue AUG 03 2020 Roseland, New Jersey 07068 (973) 622-1800 FILED Richard D. Trenk, Esq. (016951982) Attorneys for Plaintiff/Petitioner Township of West Orange SUPERIOR COURT OF NEW JERSEY LAW DIVISION: ESSEX COUNTY IN THE MATTER OF THE APPLICATION OF THE TOWNSHIP OF WEST ORANGE, a Civil Actton municipal corporation of the State of New (Mount Laurel) Jersey, DOCKET NO.: ESX-L-4697-15 Plaintif(/Petitioner. ORDER OF FAIRNESS AND PRELIMINARY ROUND 3 MOUNT LAUREL COMPLIANCE Hearing Date: July 10, 2020 THIS MATTER having been opened to the Court by McManimon, Scotland and Baumann, LLC (Richard D, Trenk, Esq. appearing), attorncys for Plaintiff, the Township of West Orange (“Township”), and a Declaratory Judgment Complaint having been filed on July 7, 2015 to approve the Township’s Housing Element and Fair Share Plan (hercinafter “Fair Share Plan”), as may be amended, in response to In Re Adoption of N.LA.C. 5:96, 221 N.J. 1 (2015) (“Mount Laurel IV”); and the Court having granted the Township immunity fom Mount Laurel lawsuits from the time of the filing of the Township’s Declaratory Judgment action (hereinafler “DJ Action”); and the Court having appointed Elizabeth K. McManus, P.P., A.LC.P., LEED AP as the Special Mount Lauret Court Master (hereinafter the “Special Master”); and Fair Share Housing Center (“FSHC”) having participated in the Township’s DJ Action as an Intervenor, and Redwood, LLC (“Redwood”) and West Essex Highlands, Inc. (“WEHI”) having also appeared

ESESX L 004697-15 08/03/2020 Pg 3 of 9 Trans ID: LCV20201360647 20 as Intervenors; and West Essex Highlands Condominium Association, Inc. (“Condominium Association”) having participated in certain mediation; and the Township, FSHC and Redwood having agreed upon a form of Settlement Agreement (attached hereto as Exhibit WO-1] and teferred to hereinafter as the “FSHC Settlement Agreement”), which was executed by Adam M. Gordon, Esq. on behalf of FSHC on April 6, 2020 and the Township Council having adopted a resolution on April 14, 2020 (attached hereto as Exhibit WO-3) authorizing the Mayor of West Orange to execute the FSHC Settlement Agreement, which he did on May 6, 2020; and the Township, WEHI and the Condominium Association having entered into a Settlement Agreement on April 23, 2020 (attached hereto as Exhibit WO-2 and referred to hereinafter as the “WEHI Settlement Agreement”), after a resolution authorizing the Mayor to sign the WEHI Settlement Agreement was adopted on April 14, 2020 (attached hereto as Exhibit WO-4); and the Court having scheduled a Fairness Hearing to determine whether or not the settlement agreements are fair and reasonable to low and moderate income households; and the Township having provided proper public and actual notice of the Fairness Hearing; and the Township having filed a Certification of Service, (attached hereto as Exhibit WO-5), to document that proper notice of the Fairness Hearing had been given; and the Special Master having submitted a Teport to the Court on July 6, 2020 (attached hereto as Exhibit WO-6), in which she recommended that the Court approve the FSHC and WEHI Settlement Agreements; and the Fairness Hearing having been held on July 10, 2020, during which Exhibits WO-1 to WO-04, which are attached hereto, were marked into evidence; and the Court having considered the testimony of Shirley Bishop and Wayne DeFeo taken during the Fairness Hearing, as well as the statements of counsel; and the Court having reviewed all of the documents submitted into 4824-7593-1333, v. 1

ESESX L 004697-15 08/03/2020 Pg 4 of 9 Trans ID: LCV20201360647 20 evidence during the Fairness Hearing; and the Court being satisfied that the parties are entitled to the relief sought; and good cause having been shown; AUGUST ITIS onthis 3RD__ day of Jnty, 2020; ORDERED as follows; 1. The Court finds and determines, pursuant to the judicial standards prescribed by the Appellate Division in East/West Venture v. Boro. of Fort Lee, 281 N.J. Super. 311 (App. Div. 1996); and through analysis of the FSHC Settlement Agreement (Exhibit WO-1), the WEHI Settlement Agreement (Exhibit WO-2) and the Special Master’s report (Exhibit WO-6); and on the basis of the statements of counsel and the testimony taken during a Faimess Hearing conducted on July 10, 2020; and based on the Court’s ruling on the record that same day, which is incorporated herein by reference; that the settlement between FSHC, the Township and Redwood and the settlement between the Township, WEHI and the Condominium Association are fair, reasonable and adequately protect the interest of low and moderate income households; and the Court hereby approves the FSHC Settlement Agreement (Exhibit WO-1) and the WEHI Settlement Agreement (Exhibit WO-2), 2. Within 120 days of the date of the Fairness Hearing, the Township and its Planning Board shall (a) prepare, adopt and endorse a Housing Element and Fair Share Plan, which shall include a Spending Plan, and shall reflect all of the terms and conditions of the FSHC and WEHI Settlement Agreements (Exhibits WO-1 and WO-2), and will also satisfy the conditions listed in the Special Master’s July 6, 2020 report (Exhibit WO-6); and shall (b) submit the adopted and endorsed Housing Element and Fair Share Plan, with all required supplementary documentation and adopted ordinances and resolutions needed to implement the plan, to the Court, the Special Master, and FSHC and counsel for WEHI and the Condominium Association 4824-7593-1333, v. 4

ESESX L 004697-15 08/03/2020 Pg 5 of 9 Trans ID: LCV20201360647 20 for final review and recommendation by the Special Master and for approval by the Court.) A Compliance Hearing to consider approval of the Township’s Housing Element and Fair Share Plan and the issuance of a Judgment of Compliance and Repose, which will provide the Township and its Planning Board immunity from all Mount Laurel lawsuits other than those brought to enforce the terms of the Settlement Agreements or the Court’s orders through July 2, 2025, is scheduled for December 4th, 2020 at _1:30 P. .m. 3. The temporary immunity from Mount Laurel lawsuits that is currently in place for the Township and its Planning Board will remain in place until one month after a final Compliance Hearing is held. 4, As a result of the Settlement between the Township, FSHC and WEHI, and as approved by the Court at the Fairness Hearing held on July 10, 2020, the Township’s Rehabilitation Obligation is 305, the Township’s Prior Round Obligation (1987-1999) is 226 and the Township’s Gap (1999-2015) + Prospective Need (2015-2025) or Round 3 Obligation is 954. 5. The Township’s proposed plans to address the obligations as set forth in the preceding paragraph, as set forth in the FSHC and WEHI Settlement Agreements (Exhibits WO- 1 and WO-2) are preliminarily approved because they comply facially with the relevant Mount Laurel laws, principles and policies. 6. The Township will address its Prior Round Obligation of 226 as follows: a, Ten (10) age restricted units (completed) at Degnan House. b. Ninety-two (92) age restricted units (completed) at Federation Plaza. c. Two (2) supportive housing bedrooms (completed) at Wedgewood Avenue. 1 The Special Master has agreed that the Township shall have ninety (90) days to provide the crediting documentation and a draft affordable housing ordinance referenced in the Special Master’s Report dated July 6, 2020 at page 6. 4824-7593-1333, v. 1

ESESX L 004697-15 08/03/2020 Pg 6 of 9 Trans ID: LCV20201360647 20 i, 7. Eight (8) supportive housing bedrooms (completed) at 30-32 Kingsley Avenue. Six (6) supportive housing bedrooms (completed) at 4 Marmon Terrace. Five (5) supportive housing bedrooms (completed) at Merrywood Drive. Forty-four (44) family rental units from the PRISM Redevelopment project. Phase I is completed; Phase 2 is approved with developer’s agreement in place. Two (2) family for sale units for Habitat for Humanity (completed). Fifty-seven (57) bonus credits. The Township will address its Round 3 obligation of 954 as follows. The Township is eligible for a vacant land adjustment and has a realistic development potential (RDP) of 421 units which will be satisfied as follows: a. b. c. d. 4824-7593-1333, v. 1 Forty-two (42) age restricted units (completed) at Federation Plaza. Two (2) supportive housing units (completed) at Wedgewood Avenue. Four (4) supportive housing units (completed) at Dogwood Drive. Six (6) supportive housing units (completed) at Pleasant Valley Way. Three (3) family rental units (completed) at Washington Street. Three (3) family rental units (completed) at Main Street. Three (3) family rental units (completed) at 158 Main Street. Four (4) supportive housing units (completed) at St. Cloud — Prism. Four (4) supportive housing units (completed) at Forest Avenue, Fifty-Five (55) family rental units at Valley Road Residential — under construction, One hundred (100) family rental units at West Essex Highlands. See WEHI Settlement Agreement (Exhibit WO-2),

ESESX L 004697-15 08/03/2020 Pg 7 of 9 Trans ID: LCV20201360647 20 1. Seventeen (17) family rental units at Selecto Flash. Redevelopment Plan; pending developer’s agreement. m. Twenty-three (23) family rental units at Executive Drive, Block 155, Lot 40.03. Redevelopment Plan; pending developer’s agreement. n. Sixty-four (64) family rental units at Executive Drive, Block 155, Lots 40.02 and 42,02. Redevelopment Plan; pending developer’s agreement. o. Seventeen (17) senior housing units at Library Site; Redevelopment Plan and awarded tax credits. p. One hundred six (106) bonus credits. The RDP of 421 subtracted from the agreed upon Third Round Obligation of 954 units results in an Unmet Need of 533 units. The Unmet Need is further reduced by the 32 surplus credits the Township has provided in addressing its RDP, the existing 57 affordable units provided at the Woodland Valley age-restricted site, and the remaining 47 units of credit from the Library Site. Thus, the Township’s Unmet Need is 397 units, which shall be addressed as through the following mechanisms: a. K Mart/Whole Foods Shopping Center located at corner of Eagle Rock and Prospect Avenues (Block 152.01, Lots 1445 and 1445.05). The Township has agreed to place a mixed-use overlay zone for commercial/retail on the first floor and up to three stories of residential above. The residential density for this site shall permit up to 16 du/a and require a 20% set-aside. b. Mayfair Farms Site located at 481 Eagle Rock Avenue (Block 152.01, Lot 1445.01). The Township has agreed to place a mixed-use overlay zone for commercial/retail on the first floor and up to three stories of residential above. The residential density for this site shall permit up to 16 du/a and require a 20% set-aside. c. Redwood located at 200 Pleasant Valley Way (Block 151, Lot 33). The Township has agreed to place overlay zoning on this site permitting non age- restricted residential development up to 24 du/a and requiring a 20% affordable housing set-aside. This parties agree that this zoning yield shall be permitted to be rounded up to 142 total units, which if developed to that maximum would require an affordable housing set-aside of either (i) 28 on- site affordable housing units and a payment in lieu of $59,473.20 or (ii) 29 on- site affordable housing units. 4824-7593-1333, v. 1

ESESX L 004697-15 08/03/2020 Pg 8 of 9 Trans ID: LCV20201360647 20 Jn addition to the Unmet Need mechanisms identified above, the Township has identified the following areas where affordable housing may be produced in the future: a 10 Rooney Circle, Bock 155, Lot 41.02. The Township is currently in negotiations with the landowner concerning the future use of this site. Within 18 months of the Court’s approval, the Township shall inform the Special Master and FSHC as to the future use. In the event that the future use will be residential, the Township has agreed to place overlay zoning on this site permitting 16 du/a and requiring a 20% set-aside. Rock Spring Golf Course — The Township has recently purchased this 138- acre golf course that it intends to initially continue to utilize as a golf course. The Township has contracted with a golf course consulting company that will operate Rock Spring as a golf course for the next 22 months in order to establish its continuing viability as an 18-hole course which may be extended. In the event that the golf course is found to not be viable as an 18-hole golf course, but is viable as a 9-hole golf course, the Township agrees to rezone a portion of the property to provide residential zoning for the 9-hole portion of the course to be redeveloped permitting at least 150 dwelling units including a 20% affordable housing set-aside of at least 30 units. The Township will provide FSHC with notice of its intentions for future use of this site by July 1, 2021 or sooner if a decision if made prior to that date. At this time the golf course will not generate any RDP but will be evaluated for RDP purposes at the time of notice of decision and FSHC is free to take whatever position it wishes at that time as to the appropriate RDP. 8. The Township will implement the following additional compliance mechanisms: a. The Township shall introduce and adopt an ordinance or ordinances providing for the amendment of the Township’s Affordable Housing Ordinance and Zoning Ordinance to implement the terms of the FSHC Settlement Agreement and the zoning contemplated therein and shall adopt a Housing Element and Fair Share Plan and Spending Plan in conformance with the terms of the FSHC Settlement Agreement. 9. All other terms and conditions in the FSHC and WEHI Settlement Agreements (Exhibits WOQ-1 and WO-2) shall be adhered to, and

g Plan in conformance with the terms of the FSHC Settlement Agreement. 9. All other terms and conditions in the FSHC and WEHI Settlement Agreements (Exhibits WOQ-1 and WO-2) shall be adhered to, and all such terms and conditions are hereby incorporated by reference. 4824-7593-1333, v. 1

ESESX L 004697-15 08/03/2020 Pg 9 of 9 Trans ID: LCV20201360647 20 10, | Counsel for the Township shall provide copies of this Order wo all counsel of record, and to the Special Master, within seven (7) days of the dale hercof per the Rules of Court. [Sf Rebut- WV Gardaar, OSC HONORABLE ROBERT H. GARBNER JUDGE OF THE SUPERIOR COURT x Unoppased 4824-75931 333, v. 1

P.O. Box 236 Hopewell, NJ 08525 609-257-6705 (v) 609-374-9939 (f) info@kylememanus.com KMA KFLE+ JACMANUS ASSOCIATES POLICY PLANNING, DESIGN The Honorable Robert H. Gardner, J.S.C. Essex County Superior Court Historic Courthouse 470 Martin Luther King Jr., Blvd, 4th Floor Newark, New Jersey 07102 February 15, 2027 Re: IMO the Application of the Township of West Orange Docket No: ESX-L-4697-15, Dear Judge Gardner, Enclosed please find the Special Master’s Report for the Township of West Orange’s Compliance Hearing in the above referenced matter. | am available for any questions you may have and will attend the hearing. Sincerely, ZL Ze Elizabeth McManus, PP, AICP, LEED AP c Richard Trenk, Esq. Richard Hoff, Esq. Bryan Plockee, Eso. Joshua Bauers, Esq.