Draft_October 2025_West Orange_HEFSP_with Appendices

he MSO does not give any developer the right to any such rezoning, variance, redevelopment designation or other relief, or establish any obligation on the part of Township of West Orange to grant such rezoning, variance, redevelopment designation or other relief. 65

Township of West Orange October 2025 Essex County, New Jersey Draft Housing Element and Fair Share Plan ------------------------------------------------------------------------------------------------------------------------------------------------------------- Summary of West Orange’s Third Round Unmet Need of 533 Surplus Credits from Third Round RDP 32 units Existing 100% Affordable Development: 46 Mount Pleasant Avenue (remaining units) 47 units Overlay Zoning: Redwood Site Mayfair Farms K-Mart/Whole Foods Shopping Center Additional Mechanisms 10 Rooney Circle Rock Spring Golf Club Mandatory Set-Aside Ordinance 28 units 36 units 104 units 17 units 30 units - 66

Township of West Orange October 2025 Essex County, New Jersey Draft Housing Element and Fair Share Plan ------------------------------------------------------------------------------------------------------------------------------------------------------------- 67

Township of West Orange October 2025 Essex County, New Jersey Draft Housing Element and Fair Share Plan ------------------------------------------------------------------------------------------------------------------------------------------------------------- FOURTH ROUND OBLIGATION The amended FHA called on the DCA to issue a non-binding report on the new Present Need Obligation (commonly referred to as the rehabilitation obligation) and the Prospective Need for Round 4 and subsequent rounds. The amended FHA requires the DCA to base its analysis of the obligations for each municipality based upon the standards set forth in the amended FHA. On October 18, 2024, the New Jersey Department of Community Affairs (“DCA”) released a report outlining the Fourth Round (2025-2035) Fair Share methodology and its calculations of present need and prospective need low- and moderate-income obligations for each of the State’s municipalities. The obligations were calculated in alignment with the formulas and criteria found in P.L.2024, c.2. The DCA calculated a Present Need obligation for the Township of 409 units, and a Perspective Need obligation of 660 units. On January 28, 2025, the Township Council adopted a binding resolution (Resolution 67-25, see Appendix E) accepting their Fourth Round DCA calculated rehabilitation obligation of 409 and the Prospective Need obligation of 660. Addressing Present Need / Rehabilitation Obligation Present Need was previously determined in N.J.A.C. 5:93-1.3 to be the sum of a municipality’s indigenous need, the deficient housing units occupied by low- and moderate-income households, and the reallocated present need, which is the portion of a housing region’s present need that is redistributed throughout the housing region. Under the Second Round rules, evidence for deficient housing included: year structure was built, persons per room, plumbing facilities, kitchen facilities, heating fuel, sewer service, and water supply. (N.J.A.C. 5:92, Appendix A). The Third Round Rules (N.J.A.C. 5:97-1.1 et seq.) reduced the number of criteria of evidence of deficient housing to three: pre-1960 over-crowded units, which are units that have more than 1.0 persons per room; incomplete plumbing, and incomplete kitchen facilities. (N.J.A.C. 5:97). This reduction in the number of criteria was found to be by the Appellate Division to be within the

than 1.0 persons per room; incomplete plumbing, and incomplete kitchen facilities. (N.J.A.C. 5:97). This reduction in the number of criteria was found to be by the Appellate Division to be within the Council’s discretion and was upheld in the Supreme Court’s decision in Mount Laurel IV. The previously discussed Mount Laurel IV decision found that the reallocated need is no longer a component in the determination of Present Need. Therefore, the Present Need now equates to indigenous need, which means the obligation is based on deficient housing as determined by pre-1960 over-crowded units, incomplete plumbing, and incomplete kitchen facilities. West Orange Homeowners Rehabilitation Program (WOHRP) The Township intends to address its 409-unit Fourth Round Rehabilitation Obligation through a continuation of the West Orange Homeowners Rehabilitation Program (WOHRP). The WOHRP offers 68

Township of West Orange October 2025 Essex County, New Jersey Draft Housing Element and Fair Share Plan ------------------------------------------------------------------------------------------------------------------------------------------------------------- assistance to low and moderate-income Township homeowners, lending up to $25,000 at 0% interest to assist in home repairs. Such home repairs include: • Roofs & Gutters • Heating Systems • Doors & Windows • Electrical Systems • Kitchen & Bathroom updates • Painting or Siding • Insulation • Exterior Stairs, Porches, Decks These 0% interest loans require no monthly payments and are repaid only at the time of a home sale or a transfer of title. This program is funded through the Township’s Affordable Housing Trust Fund. Since the inception of the WOHRP in 1999, a total of 223 homes has been rehabilitated. Presently, the WOHRP has a total of 119 homes on its waiting list, which are being processed. See Appendix L for documentation on the WOHRP. Essex County Home Improvement Program West Orange Township will also continue to participate in the Essex County Home Improvement Program (HIP), which is operated by the Essex County Division of Housing and Community Development. This program provides deferred loans to low-income and moderate-income homeowners who occupy a onefamily to three-family home. Home improvements eligible for funding through this program include new heating systems, roofing, plumbing, electrical and code violation abatements. Additional information for these programs can be found in the appendix of the Township’s Court-approved Third Round Housing Element and Fair Share Plan, adopted November 17, 2020. Vacant Land Adjustment Municipalities can request an adjustment to their obligation based on the determination that there is not sufficient vacant or developable land within the municipality. As permitted by N.J.A.C. 5:93-4 and the Fair Housing Act, a municipality can submit a Vacant Land Adjustment (VLA) that examines the number of parcels available for development. The end result of the Vacant Land Adjustment is the determination of the Township’s Realistic Development Potential (RDP) for new affordable housing units. After subtracting out the RDP from the obligation, the remaining calculation is known as the “unmet need.” Since the Township lacked sufficient land to

otential (RDP) for new affordable housing units. After subtracting out the RDP from the obligation, the remaining calculation is known as the “unmet need.” Since the Township lacked sufficient land to satisfy its Round 3 obligation, it lacks sufficient land to satisfy the additional 660-unit obligation for Round 4. Moreover, there have been no changed circumstances since the Court entered a Judgment of Repose approving the Township’s VLA and RDP on March 17, 2021. It should be noted that the amended FHA permits a municipality to rely on COAH regulations that are not inconsistent with the amended FHA or a binding Court decision. The following COAH regulation is relevant: 69

Township of West Orange October 2025 Essex County, New Jersey Draft Housing Element and Fair Share Plan ------------------------------------------------------------------------------------------------------------------------------------------------------------- N.J.A.C.5:97-5.1(d): A vacant land adjustment that was granted as part of a first round certification or judgment of compliance shall continue to be valid provided the municipality has implemented all of the terms of the substantive certification or judgment of compliance, and received or petitioned to the Council for second round substantive certification or was under the Court’s jurisdiction for second round. If the municipality failed to implement the terms of the substantive certification or judgment of compliance, the Council may reevaluate the vacant land adjustment. Therefore, due to the lack of developable land, the Township has an RDP of 0 for the Fourth Round Prospective Need obligation. The amended Fair Housing Act requires municipalities seeking a VLA to identify sufficient parcels likely to redevelop during the current round of obligations to address at least 25% of the Prospective Need obligation that has been adjusted. This amounts to a total of 165 total units for West Orange Township. Fourth Round Adjusted Obligation In summary, the Township’s Rehabilitation Share and Fourth Round Prospective Need Obligations are detailed as follows: West Orange Township Obligation Rehabilitation Share 409 Fourth Round Prospective Need Obligation (2025-2035) 660 Fourth Round RDP 0 Fourth Round Unmet Need 660 Addressing the Fourth Round Unmet Need The Township plans to address its 660-unit Fourth Round Unmet Need obligation through the following mechanisms: 70

Township of West Orange October 2025 Essex County, New Jersey Draft Housing Element and Fair Share Plan ------------------------------------------------------------------------------------------------------------------------------------------------------------- Proposed Existing/Approved Inclusionary Developments 555 Northfield Avenue The property at 555 Northfield Avenue includes Block 168, Lots 26 and 28. The lots measure approximately 2 acres in area and are located in the B-2 (General business) zone. Surrounding uses include the Turtleback Zoo and a hockey arena located across Northfield Avenue, commercial establishments to the east and west, and a ballfield to the north. St. Cloud Elementary School is located along Sheridan Avenue. A minimal amount of the site is constrained by flood hazard areas and steep slopes. 71

Township of West Orange October 2025 Essex County, New Jersey Draft Housing Element and Fair Share Plan ------------------------------------------------------------------------------------------------------------------------------------------------------------- 72