Draft_October 2025_West Orange_HEFSP_with Appendices

-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. Half of the very low-income units will be made available to families with children. 38

Township of West Orange October 2025 Essex County, New Jersey Draft Housing Element and Fair Share Plan ------------------------------------------------------------------------------------------------------------------------------------------------------------- Low/Moderate Income Split At least 50% of the units addressing the Township’s obligation shall be affordable to very-low income and low-income households, and the remaining may be affordable to moderate-income households. Affordability Controls Newly created rental units shall remain affordable to low-and moderate-income households for a period of not less than 40 years, 30 years for for-sale units, and 30 years for housing units for which affordability controls are extended for a new term of affordability, provided that the minimum extension term may be limited to no less than 20 years as long as the original and extended terms, in combination, total at least 60 years. Affirmative Marketing The affordable units shall be affirmatively marketed in accordance with UHAC and applicable law, to include the community and regional organizations identified in the agreement as well as the posting of all affordable units on the New Jersey Housing Resource Center website in accordance with applicable law. Uniform Housing Affordability Controls (UHAC) All affordable units created through the provisions of this Plan shall be developed in conformance with the Uniform Housing Affordability Controls (UHAC) pursuant to N.J.A.C. 5:80-26.1 et seq. as amended. Unit Adaptability All new construction units shall be adaptable in conformance with P.L.2005, c.250/N.J.S.A. 52:27D-311a and -311b and all other applicable laws. Bonus Credits Bonus credits shall not exceed 25% of a municipality’s prospective need obligation, nor shall a municipality receive more than one type of bonus credit for any one unit. Bonus credits may be granted on the following schedule: 39

Township of West Orange October 2025 Essex County, New Jersey Draft Housing Element and Fair Share Plan ------------------------------------------------------------------------------------------------------------------------------------------------------------- Unit Type Unit Credit Bonus Credit 1 1 1 0.5 1 0.5 1 0.5 1 0.5 1 0.5 1 1 1 0.5 1 1 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). Each low- or moderate-income ownership unit created in partnership sponsorship with a non-profit housing developer. Each unit of low- or moderate-income housing located within a one-half mile radius, or one-mile radius for projects located in a Garden State Growth Zone, as defined in section 2 of P.L.2011, c.149 (C.34:1B-243), surrounding a New Jersey Transit Corporation, Port Authority Transit Corporation, or Port Authority Trans-Hudson Corporation rail, bus, or ferry station, including all light rail stations.1 A unit of age-restricted housing, provided that a bonus credit for age-restricted housing shall not be applied to more than 10 percent of the units of age-restricted housing constructed in compliance with the Uniform Housing Affordability Controls promulgated by the New Jersey Housing and Mortgage Finance Agency in a municipality that count towards the municipality’s affordable housing obligation for any single 10-year round of affordable housing obligations. A unit of low- or moderate-income housing constructed on land that is or was previously developed and utilized for retail, office, or commercial space. Each existing low- or moderate-income rental housing unit for which affordability controls are extended for a new term of affordability, in compliance with the Uniform Housing Affordability Controls promulgated by the New Jersey Housing and Mortgage Finance Agency, and the municipality contributes funding towards the costs necessary for this preservation. Each unit of low- or moderate-income housing in a 100 percent affordable housing project for which the municipality contributes toward the costs of the project. 2 Each unit of very low-income housing for families above the 13 percent of units required to be reserved for very low-income housing pursuant to section 7 of P.L.2008,

oward the costs of the project. 2 Each unit of very low-income housing for families above the 13 percent of units required to be reserved for very low-income housing pursuant to section 7 of P.L.2008, c.46 (C.52:27D-329.1). Each unit of low- or moderate-income housing created by transforming an existing rental or ownership unit from a market rate unit to an affordable housing unit. 3 1 The distance from the bus, rail, or ferry station to a housing unit shall be measured from the closest point on the outer perimeter of the station, including any associated park-and-ride lot, to the closest point of the housing project property. 2 This contribution may consist of: (a) real property donations that enable siting and construction of the project or (b) contributions from the municipal affordable housing trust fund in support of the project, if the contribution consists of no less than three percent of the project cost. 3 A municipality may only rely on this bonus credit as part of its fair share plan and housing element if the municipality demonstrates that a commitment to follow through with this market to affordable agreement has been made and: (a) this agreement has been signed by the property owner; or (b) the municipality has obtained ownership of the property. WEST ORANGE TOWNSHIP AFFORDABLE HOUSING OBLIGATIONS The Township’s affordable housing obligations are as follows: West Orange Township Obligation Fourth Round Rehabilitation Share 409 Prior Round Prospective Need Obligation (1987-1999) 226 Third Round Prospective Need Obligation (1999-2025) 954 Fourth Round Prospective Need Obligation (2025-2035) 660 40

Township of West Orange October 2025 Essex County, New Jersey Draft Housing Element and Fair Share Plan ------------------------------------------------------------------------------------------------------------------------------------------------------------- REVIEW OF PRIOR ROUND COMPLIANCE As part of any Housing Element and Fair Share Plan, a municipality shall include an assessment of the degree to which the municipality has met its fair share obligation from the previous rounds of affordable housing obligations as established by prior Court approval or approval by COAH and determine to what extent this obligation is unfulfilled or whether the municipality has credits in excess of its previous round obligations. If a previous round obligation remains unfulfilled, or a municipality never received an approval from the Court or COAH for any previous round, the municipality shall address such unfulfilled previous round obligation in its Housing Element and Fair Share Plan. In addressing previous round obligations, the municipality shall retain any sites that, in furtherance of the previous round obligation, are the subject of a contractual agreement with a developer, or for which the developer has filed a complete application seeking subdivision or site plan approval prior to the date by which the Housing Element and Fair Share Plan are required to be submitted, and shall demonstrate how any sites that were not built in the previous rounds continue to present a realistic opportunity. Prior Round Compliance (1987-1999) The Township had a Prior Round obligation of 226 units. Per the Court-approved Third Round Settlement Agreement and the Township’s Third Round JOR, West Orange met their Prior Round obligation through the following mechanisms: Existing 100% Affordable Developments Degnan House/ Eagle Rock Senior Citizen’s Housing Degnan House/ Eagle Rock Senior Citizen’s Housing is located at 430 Main Street and includes Lot 27.01 of Block 113.01. The five-story apartment building was completed in 1979, and includes 62 age-restricted rental units. Of these 62 units, 10 units are applied toward the Township’s Prior Round obligation, since only these units were occupied after April 1, 1980. This project was funded by the US Department of Housing and Urban Development (HUD), and its affordability controls have since expired. All associated documentation can be

ccupied after April 1, 1980. This project was funded by the US Department of Housing and Urban Development (HUD), and its affordability controls have since expired. All associated documentation can be found in the appendix of the Township’s Court-approved Third Round Housing Element and Fair Share Plan, adopted on November 17, 2020. Federation Plaza Federation Plaza is located at 750 Northfield Avenue and includes Lot 16 of Block 65. The 100% affordable age-restricted complex includes a total of 134 rental units across four (4) internally connected buildings, ranging between 3 and 5 stories in height. The complex opened in December of 1980. This project was funded by Low-Income Housing Tax Credits (LIHTC), and affordability controls will remain in effect until November 1, 2029. 41

Township of West Orange October 2025 Essex County, New Jersey Draft Housing Element and Fair Share Plan ------------------------------------------------------------------------------------------------------------------------------------------------------------- Of the 134 units, 92 units were applied toward the Township’s Prior Round obligation. All associated documentation can be found in the appendix of the Township’s Court-approved Third Round Housing Element and Fair Share Plan, adopted on November 17, 2020. Habitat for Humanity Habitat for Humanity Newark Inc., owns two (2) for-sale family units located within a two-family residence at 112 Whittlesey Avenue (Block 123, Lot 29). The first unit was occupied in 2007, and the second was occupied in 2013. The 30-year affordability controls for the two-family dwelling began on February 22, 2013. A total of two (2) credits were applied to the Township’s Prior Round obligations. All associated documentation can be found in the appendix of the Township’s Court approved Third Round Housing Element and Fair Share Plan, adopted on November 17, 2020. Existing Alternative Living Arrangements Wedgewood Drive Wedgewood is located at 4 Wedgewood Drive and includes Lots 29.03 and 29.04 of Block 15. The alternative living arrangement is owned and operated by the ARC of Essex County and includes four (4) very-low-income rental bedrooms units (i.e., 1 bedroom for each of the occupants). The 20-year affordability controls for the group home began shortly after it was occupied, on December 31, 1984. Two (2) of the four units were applied toward the Township’s Prior Round obligation, in addition to two (2) rental bonus credits. All associated documentation can be found in the appendix of the Township’s Courtapproved Third Round Housing Element and Fair Share Plan, adopted on November 17, 2020. 30-32 Kingsley 30-32 Kingsley is located at 30-32 Kingsley Street and includes Lot 61 of Block 155.20. The alternative living arrangement is owned and operated by the Easter Seal Society of New Jersey and includes eight (8) verylow-income rental bedroomsunits (i.e., 1 bedroom for each of the occupants). The 10-year affordability controls for the group home began shortly after it was occupied, on May 1, 1992. All eight units were applied toward the Township’s Prior Round obligation. All associated documentation can be found in the

rols for the group home began shortly after it was occupied, on May 1, 1992. All eight units were applied toward the Township’s Prior Round obligation. All associated documentation can be found in the appendix of the Township’s Court-approved Third Round Housing Element and Fair Share Plan, adopted on November 17, 2020. 1 Marmon Terrace 1 Marmon Terrace is located at 1 Marmon Terrace and includes Lot 4 of Block 176.02. The alternative living arrangement is owned and operated by the ARC of Essex County and includes six (6) very-low-income rental bedroomsunits (i.e., 1 bedroom for each of the occupants). The 20-year affordability controls for the group home began shortly after it was occupied, on December 31, 1992. 42

Township of West Orange October 2025 Essex County, New Jersey Draft Housing Element and Fair Share Plan ------------------------------------------------------------------------------------------------------------------------------------------------------------- All six units were applied toward the Township’s Prior Round obligation, in addition to six (6) rental bonus credits. All associated documentation can be found in the appendix of the Township’s Court-approved Third Round Housing Element and Fair Share Plan, adopted on November 17, 2020. Merrywood Drive Merrywood Drive is located at 2 Merrywood Drive and includes Lot 3 of Block 76. The alternative living arrangement is owned and operated by the Developmental Disabilities Association and includes five (5) very-low-income rental bedroomsunits (i.e., 1 bedroom for each of the occupants). The group home opened in 1998. The 20-year affordability controls for the group home began shortly after it was occupied, on January 9, 1998. All five units were applied toward the Township’s Prior Round obligation, in addition to five (5) rental bonus credits. All associated documentation can be found in the appendix of the Township’s Court-approved Third Round Housing Element and Fair Share Plan, adopted on November 17, 2020. Proposed Development PRISM Redevelopment Phase 1 On February 9, 2003, the Township Council approved an Ordinance adopting a redevelopment plan for the Downtown Redevelopment Area (the “Redevelopment Plan”), which has been amended several times. The Township and Prism Green Associates IV, LLC (“Prism”) entered into a Redevelopment Agreement on December 20, 2006 (the “Original Redevelopment Agreement”), which authorized Prism to redevelop certain properties including but not limited to Block 66, Lots 1, 5 and 7 (collectively, the “Edison Battery Parcels”). Amendments to the Redevelopment Agreement were on May 8, 2007, June 21, 2007, September 11, 2007, and October 27, 2009. The Original Redevelopment Agreement defined the scope of work throughout the entire Redevelopment Area as the “construction or rehabilitation of a total of 609 residential units comprising approximately 538 “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

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 43