West Orange Fourth Round HEFSP_adopted 111025_Appendices

Township of West Orange November 2025 Essex County, New Jersey Housing Element and Fair Share Plan ------------------------------------------------------------------------------------------------------------------------------------------------------------- 112

Township of West Orange November 2025 Essex County, New Jersey Housing Element and Fair Share Plan ------------------------------------------------------------------------------------------------------------------------------------------------------------- On May 11, 2023, an application to convert the existing nursing home into a new Continuing Care Retirement Community (CCRC) was denied by the Township’s Zoning Board of Adjustment. The CCRC proposed at that time would accommodate 326 total units (including assisted living, skilled nursing, and independent living units). A developer approached the Township in 2025 to discuss the potential of reducing the scale of the CCRC to 311 total units, which would include a minimum of 41 affordable beds. It should be noted that the Developer filed a builder’s remedy lawsuit in July of this year. The Township proposes to rezone the parcel within a new district, the CCRC Zone in order to permit a CCRC with a total of 311 units. Further, an affordable bed set aside will be required (41 beds) for very-low-income seniors. The site is appropriate for multi-family low- and moderate-income housing as it is available, approvable, developable, and suitable: • Available: The site has no easements or title issues preventing its development. • Suitable: The site is almost entirely surrounded by residential uses. Its development is consistent with the goals and strategies outlined in the State Plan. The site is located within the Metropolitan Planning Area (PA 1). Further, the site’s proximity to Pleasant Valley Way offers access to employment and service establishments. • Developable The site falls within sewer and public water service areas, and has access to appropriate public streets with frontage on Pleasant Valley Way. While a portion of the site is constrained by steep slopes and wetlands, the proposed development will be concentrated within the unconstrained areas of the site. • Approvable: The site will be rezoned to the CCRC zone, to accommodate a continuing care and rehabilitation center, with a required affordable set aside for very-low-income seniors. 113

Township of West Orange November 2025 Essex County, New Jersey Housing Element and Fair Share Plan ------------------------------------------------------------------------------------------------------------------------------------------------------------- 114

Township of West Orange November 2025 Essex County, New Jersey Housing Element and Fair Share Plan ------------------------------------------------------------------------------------------------------------------------------------------------------------- Existing Group Homes 19 Terrace Avenue The property at 19 Terrace Avenue includes Lot 1392 of Block 152.21. The lot measures approximately 14,000 square feet (0.3 acres) in area and is located in the R-5 District (One-family dwellings on 10,000 square foot lots) of the Township. The alternative living arrangement is owned and operated by the ARC of Essex County and includes three (3) very-low-income rental bedrooms . The home on the site was constructed in 1960 and was used as a single-family residence until 2012. A deed transferring ownership to the ARC of Essex County was made on August 16, 2012. Three (3) credits are being applied to the Township’s Fourth Round obligation. Further, the Township will claim all three bonus credits, at a ratio of 1 bonus credits per 1 unit as the proposed units meet the COAH criteria described below: “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).” All associated documentation can be found in Appendix O. 97 Edgewood Avenue The property at 97 Edgewood Avenue includes Lot 38 of Block 159.06. The lot measures approximately 17,600 square feet (0.4 acres) in area and is located in the R-5 District (One-family dwellings on 10,000 square foot lots) of the Township. The alternative living arrangement is owned and operated by Project Live, Inc. and includes five (5) verylow-income rental bedrooms . The home on the site was constructed in 1954 and was used as a singlefamily residence until 1997. A deed transferring ownership to Project Live, Inc was made on October 23, 1997. The development received funding from the federal HOME Investment Partnership Program (HOME). The 20-year affordability controls for the group home began shortly after it was occupied. Five (5) credits are being applied to the Township’s Fourth Round obligation. Further, the Township will claim all five bonus credits, at a ratio of 1 bonus credits per 1 unit as the proposed units meet the COAH criteria described below: “Each unit of low- or moderate-income housing for

the Township will claim all five bonus credits, at a ratio of 1 bonus credits per 1 unit as the proposed units meet the COAH criteria described below: “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).” All associated documentation can be found in Appendix O. 23 Oak Avenue 115

Township of West Orange November 2025 Essex County, New Jersey Housing Element and Fair Share Plan ------------------------------------------------------------------------------------------------------------------------------------------------------------- The property at 23 Oak Avenue includes Lot 27 of Block 161. The lot measures approximately 10,000 square feet (0.2 acres) in area and is located in the R-5 District (One-family dwellings on 10,000 square foot lots) of the Township. The alternative living arrangement is owned and operated by CPNJ West Orange Residence II and includes three (3) very-low-income rental bedrooms. The home on the site was constructed in 1970 and was used as a single-family residence until 1997. A deed transferring ownership to CPNJ West Orange Residence II was made on June 10, 2008. Three (3) credits are being applied to the Township’s Fourth Round obligation. Further, the Township will claim all three bonus credits, at a ratio of 1 bonus credits per 1 unit as the proposed units meet the COAH criteria described below: “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).” All associated documentation can be found in Appendix O. 60 Glenview Drive The property at 60 Glenview Drive includes Qualifier C0060 Lot 5 of Block 166.15. The lot measures approximately 2,200 square feet in area and is located in the RC Residential Cluster Development District of the Township. The alternative living arrangement is owned and operated by Jewish Service for the Developmentally Disabled of Metrowest, Inc. and includes three (3) very-low-income rental bedrooms. The home on the site was constructed in 1980 and was used as a single-family residence until 2010. The transfer of ownership to Jewish Service for the Developmentally Disabled of Metrowest, Inc. and the creation of the group home is outlined in a Financing, Deed Restriction, and Regulatory Agreement made on August 25, 2010. Financing for the facility was provided by the Special Needs Housing Trust Fund. The 30-year affordability controls for the group home began on the date of the mortgage, August 25, 2010. Three (3) credits are being applied to the Township’s Fourth Round obligation. Further, the Township will claim all three (3) bonus credits, at a ratio

an on the date of the mortgage, August 25, 2010. Three (3) credits are being applied to the Township’s Fourth Round obligation. Further, the Township will claim all three (3) bonus credits, at a ratio of 1 bonus credits per 1 unit as the proposed units meet the COAH criteria described below: “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).” All associated documentation can be found in Appendix O. 167 Pleasant Valley Way 116

Township of West Orange November 2025 Essex County, New Jersey Housing Element and Fair Share Plan ------------------------------------------------------------------------------------------------------------------------------------------------------------- The property at 167 Pleasant Valley Way includes Lot 13.03 of Block 179.14. The lot measures approximately 34,000 square feet (0.8 acres) in area and is located in the R-5 District (One-family dwellings on 10,000 square foot lots) of the Township. The alternative living arrangement is owned and operated by Children’s Aid and Family Service and includes five (5) very-low-income rental bedrooms. The home on the site was constructed in 1955 and was used as a single-family residence until 2008. A deed transferring ownership to Children’s Aid and Family Service was made on October 28, 2008. Further, a deed restriction covenant was made on January 21, 2021, which established affordability controls for the site and outlined the funding received from the HOME Program. The 15-year affordability controls for the group home began on the date of the deed restriction covenant. Five (5) credits are being applied to the Township’s Fourth Round obligation. Further, the Township will claim all five (5) bonus credits, at a ratio of 1 bonus credits per 1 unit as the proposed units meet the COAH criteria described below: “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).” All associated documentation can be found in Appendix O. 177 Marion Drive The property at 177 Marion Drive includes Qualifier C0177 of Lot 27 of Block 155. The lot measures approximately 1,676 square feet in area and is located in the Planned Unit Residential Development (PURD) District of the Township. The alternative living arrangement is owned and operated by ARC of Essex County and includes two (2) very-low-income rental bedrooms. The home on the site was constructed in 1980 and was used as a singlefamily residence until 2013. A deed transferring ownership to ARC of Essex County was made on August 29, 2013. Further, a deed restriction covenant was made on June 26, 2014, which established affordability controls for the site and outlined the funding received from the HOME Program. The 15-year affordability controls for

ed restriction covenant was made on June 26, 2014, which established affordability controls for the site and outlined the funding received from the HOME Program. The 15-year affordability controls for the group home began on the date of the deed restriction covenant. Two (2) credits are being applied to the Township’s Fourth Round obligation. Further, the Township will claim both bonus credits, at a ratio of 1 bonus credits per 1 unit as the proposed units meet the COAH criteria described below: “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).” All associated documentation can be found in Appendix O. 117

Township of West Orange November 2025 Essex County, New Jersey Housing Element and Fair Share Plan ------------------------------------------------------------------------------------------------------------------------------------------------------------- Additional Mechanisms Affordable Housing Ordinance An Affordable Housing Ordinance was most recently amended by the Township on October 10, 2020 (Ordinance No. 2619-20) (see Appendix H), establishing the criteria for implementing affordable housing units in conformance with the Uniform Housing Affordability Controls (UHAC). While this Plan acknowledges that an amendment to the UHAC was released on an emergency basis in December 2024, those rules are set to expire in December 2025. It is also the understanding that the Housing Mortgage and Finance Agency (HMFA), the entity currently responsible for the UHAC regulations, is in the process of establishing further amendments to those rules. Because of the uncertainty with the UHAC regulations, the Township will refrain from adopting an updated ordinance until such rules are finalized, acknowledging that the December 2024 UHAC rules adopted under emergency measures are the current governing regulations. Should there be any discrepancy between the Township’s adopted ordinance and the current UHAC regulations, the current UHAC regulations shall govern. Development Fee Ordinance A Development Fee Ordinance was adopted by the Township on October 10, 2020 (Ordinance No. 261920) (see Appendix H). Additional Affordable Housing Resolutions The Township adopted several additional affordable housing resolutions (Appendix P). These include: • Resolution 186-25 – Appointing Geniece Gary-Adams as the Township’s Municipal Housing Liaison, and Peter F. Smeraldo, Jr. as the Alternate Municipal Housing Liaison • Resolution 17-24 – Appointing CGP&H as the Township’s Administrative Agent Accessory Apartment Ordinance West Orange proposes to adopt an Accessory Apartment Ordinance, to create a Township Accessory Apartment Program. This Ordinance will only apply to existing accessory structures (e.g., garages and carriage houses). The Program will be modeled upon the accessory apartment regulations outlined in N.J.A.C. 5:93-5.9, as most recently amended. These regulations permit up to 10 accessory apartments to be used to address a municipality’s affordable obligation. The