Draft_October 2025_West Orange_HEFSP_with Appendices

KMA ILE +AKCAAMUS ASSOCIATES, Satisfaction of the 421-unit Third Round RDP > . ‘ 2 . Bonus = To’ Project E Units tal Status & Comments Credits Credits a w ~ SS 106 453 Total 347 Surplus 32 The Township provided adequate evidence of compliance for the majority of third round RDP strategies, including but not limited adopted zoning and affordability controls. However, inadequate information has been submitted for the following strategies. The Township should submit the missing information to confirm eligibility for credit. * Selecta Flash. Seventeen affordable units will be created by the developer on a property (Block 6, Lot 36.01) owned by the Township. The Township will convey the property for development of the affordable housing. The agreement outlining the roles and responsibility of each party is not yet executed. The Township should submit the executed contract to confirm eligibility for credit. @ Executive, Drive: Block 155, Lot 40.03. Information was not submitted on this, strategy. The Township should submit the adopted Redevelopment Plan and Agreement between the developer and Township. The Township's satisfaction of the third round RDP meets the applicable requirements for minimum rental units, maximum senior unlts, and the proper mix of income and bedroom distribution. The Settlement Agreement sets forth how the Township will satisfy the unmet need with proposed strategies. The third round unmet need is quantified as $33 units (954-421}. The following provides an overview of the Township’s unmet need strategies. Satisfaction of the Third Round Unmet Need Project : Units Status & Comments Surplus Credits Various Township of West Orange | Dacket No.: ESX-1-4697-45 February 15, 2022 Compliance Hearing Page 7

KMA KYLE+MCMANUS ASSOCIATES Satisfaction of the Third Round Unmet Need Project ‘ : i Status & Comments Woodland Valley x 54 Complete Library Site (47 of 64) x x 47 Approved K-Mart / Whole Foods Center x Not Zoned (Block 152.01, Lots 1445, 1445.05) quantified Mayfair Farms Site x Not Zoned (Block 152.01, Lot 1445.01) quantified Redwood (Block 151, Lot 33) x x Not Settlement Agreement; Zoned quantified Mandatory Set-aside Ordinance x x Not Zoned (Township-wide) quantified Total 133+ In addition to the above unmet need mechanisms, the Township has identified. additional Potential opportunities for affordable housing. The following summarizes those mechanisms. 10 Rooney Circle (Block 144, Lot 41.02), The Township Is negotiating with the fandowner “concerning the future use of this site and shall, within 18 months of the court's approval of the Settlement Agreement, inform the special master and FSHC as to the site’s future use. If the future use will be residential, the Township has agreed to place overlay zoning on this site permitting 16 du/ac and requiring a 20% set-aside. The Township’s Housing Plan states negotiations for this site are ongoing and that Township will inform FSHC and the Special Master as to the status within 18 months of the Court’s Order on Fairness (February 3, 2022) © Rock Springs Golf Course. The Township recently purchased the golf course; however, the site’s continued viability as a golf course is uncertain. The Township has contracted with a golf course consulting company that will operate Rock Spring as a golf course for 22 months (this appears to begin in April 2020) to establish its continuing viability as an 18-hole course. 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 permitting at least 150 dwelling units with a 20% affordable housing Township of West Orange | Docket No.: ESX-L-4697-15 February 15, 2021 Compliance Hearing Page 8

KMA KYLE+MCMANUS ASSOCIATES, set-aside. 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 is 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. Administration The Township submitted an adopted affordable housing regulating ordinance. This ordinance provides standards for item such as, but not limited to, bedroom distribution, sales and rental prices, affordability average, administration, monitoring and enforcement. It is consistent with the applicable standards in COAH’s substantive rules (N.J.A.C. 5:93), the Uniform Housing Affordability Control Rules (N.J.A.C. 5:80- 26.1 et seq.) and the Fair Housing Act (N.J.S.A. 52:27D-301 et seq.), as well as the Township's Settlement Agreement with FSHC. The Township submitted rental and sale affordable unit operating manuals prepared by the Affordable Housing Administrative Agent. Also submitted was a compliant affirmative marketing plan. Additionally, the Township submitted a draft resolution designating the municipal housing liaison (hereinafter the “MHL”}, as well as an adopted resolution appointing Community, Grants, Planning and Housing as the administrative agent. The Township should submit the adopted resolution appointing the municipal housing liaison. Affordable Housing Trust Fund The Township submitted the adopted development fee ordinance. This ordinance meets the appliable requirements in COAH's substantive rules (N.J.A.C. 5:93) and the Fair Housing Act (N.J.S.A. 52:27D-301 et seq.), as well as the Township’s Settlement Agreement with F5HC. | recommend the Court approve the development fee ordinance. The Township should submit a Spending Plan and adopted resolution of intent to fund (a draft resolution was submitted), The Township’s Spending Plan provides for collection and expenditure of money in the affordable housing trust fund in manners consistent with the applicable regulations. The proposed expenditures include a large affordability assistance program and administration. The Township’s Spending Plan states affordability assistance funds will be used for emergency repairs and subsidizing future special assessments of existing low and moderate income homeowners. The Township indicates the affordable housing

fordability assistance funds will be used for emergency repairs and subsidizing future special assessments of existing low and moderate income homeowners. The Township indicates the affordable housing administrator will operate the affordability assistance program. Township of West Orange | Docket No.: ESX-L-4697-15 February 15, 2021 Compliance Hearing Page 9

KMA XYLE+ MCMANUS ASSOCIATES Other Requirements The Township’s Settlement Agreement with FSHC also contained several other terms intended to advance the goal of meeting the needs of the Township's low- and moderate-income households. The key terms and the Township’s compliance are addressed below. 1. The Township agrees to prepare and adopt within 120 days an amended Housing Element and Fair Share Plan, including a Spending Plan. The Township also agrees to introduce within 120 days of Court approval an ordinance amending the Township’s Affordable Housing Ordinance and Zoning Ordinance to implement the terms of this agreement and the zoning contemplated therein. Satisfied, except for the recommended conditions herein. 2. At least half of all housing units addressing the Third Round Prospective Need shall be affordable to low-income households, with 13% of the affordable housing units being reserved for very-low income households. The remainder of the affordable units shall be affordable to moderate- income households. Satisfied. 3. At least 25% of the Township’s Third Round Prospective Need shall be met through rental units, at least half of which will be rental units available to families. Satisfied. 4. At least half of the units addressing the Third Round Prospective Need in total must be available to families. Satisfied. 5. No more than 25% of the affordable units addressing the Township’s Prior Round and Third Round obligation shall be age-restricted. Satisfied. 6. Rental bonuses shall be calculated in accordance with COAH’s Second Round rules N.J.A.C. 5:93 — 5.15 (d). Satisfied. 7. Ali affordable housing units created pursuant to the Settlement Agreement shall comply with UHAC rules, with the exception of #2 above in which case those rules have been superseded by an amendment to the Fair Housing Act. Satisfied. 8. The Township shall update its affirmative marketing plan to include FSHC and other named organizations in its list of community and regional organizations, and both the Township and any Township of West Orange | Docket Na.: ESX-L-4697-15 February 15, 2021 Compliance Hearing Page 10

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 N.J.S.A. 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 realistic opportunity for affordable housing development and should be replaced. While this review is statutorlly 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 bullder 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. 41. 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 2020 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 Plan is consistent with the Court-approved Settlement Agreement, the Fair Housing Act, and COAH’s Second Round rules; however, there are a few deficiencies that must be addressed. The following provides a summary of the recommendations contained herein: 1. The Township should submit a sample affordability control for the municipal rehabilitation program. 2. The Township

ssed. The following provides a summary of the recommendations contained herein: 1. The Township should submit a sample affordability control for the municipal rehabilitation program. 2. The Township should submit the Degnan’s House affordability controls and identify the units which are eligible for credit Township of West Orange | Docket No.: ESX-L-4697-15 February 15, 2021 Campliance Hearing Page 11

KMA KYLE-+MCHANUS ASSOCIATES. 3. The Township should submit the Easter Seal Society’s affordability controls as well as the special needs survey and supporting documentation. 4. The Township should submit the Merrywood Drive group home's affordability controls as well as the special needs survey and supporting documentation. 5. The Township should adopt the affordability control for Unit 1 of the Habitat for Humanity. 6. The Township should submit the executed contract for the Selecto Flash site. 7. The Township should submit the adopted Redevelopment Plan and Agreement between the developer and Township for the Executive Drive, Block 155, Lot 40.03 site. 8. The Township should submit the adopted resolution appointing the municipal housing liaison. 9. The Township should submit a Spending Plan. 10. The Township should submit an adopted resolution of intent to fund. 41. | recommend the Court approve the development fee ordinance. { further recommend the above issues be addressed by the Township within 90 days. Township of West Orange | Docket No.: ESX-L-4697-15 February 15, 2021 Compliance Hearing Page 12

ESXL004697-15 03/17/2021 MeMANIMON, SCOTLAND & BAUMANN, LLC 75 Livingston Avenue West Orange, New Jersey 07068 (973) 622-1800 Richard D. Trenk, Esq. (016951982) Pg 3 of ? Trans ID: LCV2021582301 FILED 2:00 pm, Mar 17, 2027 Attorneys for Plaintiff/Petitianer Township of West Orange IN THE MATTER OF THE APPLICATION OF THE TOWNSHIP OF WEST ORANGE, a municipal corporation of the State of New Jersey, Plaintiff/Petitioner, | SUPERIOR COURT OF NEW JERSEY LAW DIVISION: ESSEX COUNTY Civil Action (Mount Laurel} DOCKET NO.: ESX-L-4697-15 ORDER OF JUDGMENT OF COMPLIANCE AND REPOSE IN ALL DECLARATORY JUDGMENT ACTIONS FILED BY VARIOUS MUNICIPALITIES, COUNTY OF ESSEX, PURSUANT TO THE SUPREME COURT DECISION IN, In re Adoption of N.J.A.C. 5:96, 221 NJ. 1 (2015), Plaintiff/Petitioner, SUPERIOR COURT OF NEW JERSEY LAW DIVISION; ESSEX COUNTY Civil Action (Mount Laurel) DOCKET NO.: ESX-L-4173-15 Hearing Date: February 18, 2021 at 1:30 p.m. THIS MATTER having been opened to the Court by McManimon, Scolland and Baumann, LLC (Richard D. Trenk, Esq. appearing), allorneys for Plaintiff, the Township of West Orange (“Township”), via a Declaratory Judgment Complaint filed on July 7, 2015 to approve to approve the Township’s Housing Element and Fair Share Plan (hereinafter “Fair Share Plan”), as may be amended, in response to In Re Adoption of N.J.A.C. 5:96, 221 NJ. 1 (2015) (“Mount Laurel [¥"); and the Court having granted the Township immunity from Mount

ESXL004697-15 = 03/17/2021 Pg 4 of 7 Trans ID: LCV2021582301 Laurel lawsuits from the time of the filing of the Township’s Declaratory Judgment action (hereinafter “DJ Action”); and the Court having appointed Elizabeth K. McManus, P.?., ALC.., LEED AP as the Special Mount Laurel Court Master (hereinafter the “Special Master”); and Fair Share Housing Center (*FSHC”) having participated in the Township's DJ Action ag an Intervenor, and Redwood, LLC (“Redwood”) and West Essex Highlands, Inc. (“WEHI”) having also appeared as Intervenors; and West Essex Highlands Condominium Association, Inc. (“Condominium Association”) having participated in certain mnediation; and the Township, FSHC and Redwood having agreed upon a form of Settlement Agreement (attached hereto as Exhibit WO-1 and referred to hereinafter as the “FSHC Settlement Agreement"), which was executed by Adam M. Gordon, Esq. on behalf of FSHC on Apri! 6, 2020 and the Township Council having adopted a resolution on April 14, 2020 (Exhibit WO-3) authorizing the Mayor of West Orange to execute the FSHC Scitlement Agreement, which he did on May 6, 2020; and the Township, WEHI and the Condominium Association having entered into a Settlement Agreement on Apni 23, 2020 (Exhibit WO-2 and referred to hereinafter as the “WEHI Settlement Agreement”), aller a resolution authorizing thc Mayor to sign the WEHI Settlement Agreement was adopted on April 14, 2020 (Exhibit WO-4); and the Court having scheduled a Faimess 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, (Exhibit WO-5), to document thal proper notice of the Faimess Hearing had been given; and the Special Master having submitted a report to the Court on July 6, 2020 (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, 4843-.6094-9729, v. 1