Draft_October 2025_West Orange_HEFSP_with Appendices

Development shall mean the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any use or change in the use of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required, pursuant to N.J.S.A. 40:55D-1 et seq. Fair share plan shall mean the plan that describes the mechanisms, strategies and the funding sources, if any, by which the Township proposes to address its affordable housing obligation as established in the Housing Element, including the draft ordinances necessary to implement that plan, and addresses the requirements of N.J.A.C. 5:93-5. Fair Share Round shall mean any one (1) of three (3) periods in time during which the Council established municipal obligations to provide affordable housing and the first round was from 1987-1993 and the second period was from 1993-1997 and the third is for 1999-2018. HAS shall mean the Housing Affordability Service, formerly known as the "Affordable Housing Management Service," at the New Jersey Housing and Mortgage Finance Agency. Housing element shall mean the portion of the Township's Master Plan, required by the Municipal Land Use Law ("MLUL"), N.J.S.A. 40:55D-28b(3) and the Act, that includes the information required by N.J.A.C, 5:93-5.1 and establishes the Township's fair share obligation. Inclusionary development shall mean a development containing both affordable units and market rate units. This term includes, but is not limited to: new construction, the conversion of a non- residential structure to residential use and the creation of new affordable units through the gut rehabilitation or reconstruction of a vacant residential structure. Low-income household shall mean a household with a total gross annual household income equal to fifty (50%) percent or less of the median income. Low-income unit shall mean a restricted unit that is affordable to a low-income household. Median income shall mean the median income by household size for an applicable county, as adopted annually by COAH or a successor entity approved by the Court. Moderate-income household shall mean a household with a total gross annual household income in excess of fifty (60%)

e county, as adopted annually by COAH or a successor entity approved by the Court. Moderate-income household shall mean a household with a total gross annual household income in excess of fifty (60%) percent but less than eighty (80%) percent of the median income. Moderate-income unit shall mean a restricted unit that is affordable to a moderate-income household. MONI shall mean the Agency's Market Oriented Neighborhood Investment Program, as it may be authorized from time to time by the Agency. 95/5 unit shall mean a restricted ownership unit that is part of a housing element that received substantive certification from COAH pursuant to N.J.A.C. 5:93 before October 1, 2001. Non-exempt sale shall mean any sale or transfer of ownership other than the transfer of ownership between husband and wife; the transfer of ownership between former spouses ordered as a result of a judicial decree of divorce or judicial separation, but not including sales to third parties; the transfer of ownership between family members as a result of inheritance: the transfer of ownership through an executor's deed to a class A beneficiary; and the transfer of ownership by court order. Random selection. process shall mean a process by which currently income-eligible households are selected for placement in affordable housing units such that no preference is given to one (1) applicant over another except for purposes of matching household income and size with an appropriately priced and sized affordable unit (e.g., by lottery). 4844-7802-2092, v. 2