West Orange Fourth Round HEFSP_adopted 111025_Appendices

ESESX L 004697-15 08/03/2020 Pg 5 of 9 Trans ID: LCV20201360647 20 for final review and recommendation by the Special Master and for approval by the Court.) A Compliance Hearing to consider approval of the Township’s Housing Element and Fair Share Plan and the issuance of a Judgment of Compliance and Repose, which will provide the Township and its Planning Board immunity from all Mount Laurel lawsuits other than those brought to enforce the terms of the Settlement Agreements or the Court’s orders through July 2, 2025, is scheduled for December 4th, 2020 at _1:30 P. .m. 3. The temporary immunity from Mount Laurel lawsuits that is currently in place for the Township and its Planning Board will remain in place until one month after a final Compliance Hearing is held. 4, As a result of the Settlement between the Township, FSHC and WEHI, and as approved by the Court at the Fairness Hearing held on July 10, 2020, the Township’s Rehabilitation Obligation is 305, the Township’s Prior Round Obligation (1987-1999) is 226 and the Township’s Gap (1999-2015) + Prospective Need (2015-2025) or Round 3 Obligation is 954. 5. The Township’s proposed plans to address the obligations as set forth in the preceding paragraph, as set forth in the FSHC and WEHI Settlement Agreements (Exhibits WO- 1 and WO-2) are preliminarily approved because they comply facially with the relevant Mount Laurel laws, principles and policies. 6. The Township will address its Prior Round Obligation of 226 as follows: a, Ten (10) age restricted units (completed) at Degnan House. b. Ninety-two (92) age restricted units (completed) at Federation Plaza. c. Two (2) supportive housing bedrooms (completed) at Wedgewood Avenue. 1 The Special Master has agreed that the Township shall have ninety (90) days to provide the crediting documentation and a draft affordable housing ordinance referenced in the Special Master’s Report dated July 6, 2020 at page 6. 4824-7593-1333, v. 1

ESESX L 004697-15 08/03/2020 Pg 6 of 9 Trans ID: LCV20201360647 20 i, 7. Eight (8) supportive housing bedrooms (completed) at 30-32 Kingsley Avenue. Six (6) supportive housing bedrooms (completed) at 4 Marmon Terrace. Five (5) supportive housing bedrooms (completed) at Merrywood Drive. Forty-four (44) family rental units from the PRISM Redevelopment project. Phase I is completed; Phase 2 is approved with developer’s agreement in place. Two (2) family for sale units for Habitat for Humanity (completed). Fifty-seven (57) bonus credits. The Township will address its Round 3 obligation of 954 as follows. The Township is eligible for a vacant land adjustment and has a realistic development potential (RDP) of 421 units which will be satisfied as follows: a. b. c. d. 4824-7593-1333, v. 1 Forty-two (42) age restricted units (completed) at Federation Plaza. Two (2) supportive housing units (completed) at Wedgewood Avenue. Four (4) supportive housing units (completed) at Dogwood Drive. Six (6) supportive housing units (completed) at Pleasant Valley Way. Three (3) family rental units (completed) at Washington Street. Three (3) family rental units (completed) at Main Street. Three (3) family rental units (completed) at 158 Main Street. Four (4) supportive housing units (completed) at St. Cloud — Prism. Four (4) supportive housing units (completed) at Forest Avenue, Fifty-Five (55) family rental units at Valley Road Residential — under construction, One hundred (100) family rental units at West Essex Highlands. See WEHI Settlement Agreement (Exhibit WO-2),

ESESX L 004697-15 08/03/2020 Pg 7 of 9 Trans ID: LCV20201360647 20 1. Seventeen (17) family rental units at Selecto Flash. Redevelopment Plan; pending developer’s agreement. m. Twenty-three (23) family rental units at Executive Drive, Block 155, Lot 40.03. Redevelopment Plan; pending developer’s agreement. n. Sixty-four (64) family rental units at Executive Drive, Block 155, Lots 40.02 and 42,02. Redevelopment Plan; pending developer’s agreement. o. Seventeen (17) senior housing units at Library Site; Redevelopment Plan and awarded tax credits. p. One hundred six (106) bonus credits. The RDP of 421 subtracted from the agreed upon Third Round Obligation of 954 units results in an Unmet Need of 533 units. The Unmet Need is further reduced by the 32 surplus credits the Township has provided in addressing its RDP, the existing 57 affordable units provided at the Woodland Valley age-restricted site, and the remaining 47 units of credit from the Library Site. Thus, the Township’s Unmet Need is 397 units, which shall be addressed as through the following mechanisms: a. K Mart/Whole Foods Shopping Center located at corner of Eagle Rock and Prospect Avenues (Block 152.01, Lots 1445 and 1445.05). The Township has agreed to place a mixed-use overlay zone for commercial/retail on the first floor and up to three stories of residential above. The residential density for this site shall permit up to 16 du/a and require a 20% set-aside. b. Mayfair Farms Site located at 481 Eagle Rock Avenue (Block 152.01, Lot 1445.01). The Township has agreed to place a mixed-use overlay zone for commercial/retail on the first floor and up to three stories of residential above. The residential density for this site shall permit up to 16 du/a and require a 20% set-aside. c. Redwood located at 200 Pleasant Valley Way (Block 151, Lot 33). The Township has agreed to place overlay zoning on this site permitting non age- restricted residential development up to 24 du/a and requiring a 20% affordable housing set-aside. This parties agree that this zoning yield shall be permitted to be rounded up to 142 total units, which if developed to that maximum would require an affordable housing set-aside of either (i) 28 on- site affordable housing units and a payment in lieu of $59,473.20 or (ii) 29 on- site affordable housing units. 4824-7593-1333, v. 1

ESESX L 004697-15 08/03/2020 Pg 8 of 9 Trans ID: LCV20201360647 20 Jn addition to the Unmet Need mechanisms identified above, the Township has identified the following areas where affordable housing may be produced in the future: a 10 Rooney Circle, Bock 155, Lot 41.02. The Township is currently in negotiations with the landowner concerning the future use of this site. Within 18 months of the Court’s approval, the Township shall inform the Special Master and FSHC as to the future use. In the event that the future use will be residential, the Township has agreed to place overlay zoning on this site permitting 16 du/a and requiring a 20% set-aside. Rock Spring Golf Course — The Township has recently purchased this 138- acre golf course that it intends to initially continue to utilize as a golf course. The Township has contracted with a golf course consulting company that will operate Rock Spring as a golf course for the next 22 months in order to establish its continuing viability as an 18-hole course which may be extended. 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 to be redeveloped permitting at least 150 dwelling units including a 20% affordable housing set-aside of at least 30 units. 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 if 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 and FSHC is free to take whatever position it wishes at that time as to the appropriate RDP. 8. The Township will implement the following additional compliance mechanisms: a. The Township shall introduce and adopt an ordinance or ordinances providing for the amendment of the Township’s Affordable Housing Ordinance and Zoning Ordinance to implement the terms of the FSHC Settlement Agreement and the zoning contemplated therein and shall adopt a Housing Element and Fair Share Plan and Spending Plan in conformance with the terms of the FSHC Settlement Agreement. 9. All other terms and conditions in the FSHC and WEHI Settlement Agreements (Exhibits WOQ-1 and WO-2) shall be adhered to, and

g Plan in conformance with the terms of the FSHC Settlement Agreement. 9. All other terms and conditions in the FSHC and WEHI Settlement Agreements (Exhibits WOQ-1 and WO-2) shall be adhered to, and all such terms and conditions are hereby incorporated by reference. 4824-7593-1333, v. 1

ESESX L 004697-15 08/03/2020 Pg 9 of 9 Trans ID: LCV20201360647 20 10. Counsel for the Township shall provide copies of this Order to all counsel of record, and to the Special Master, within seven (7) days of the date hereof per the Rules of Court. HONORABLE ROBERT H. GARDNER JUDGE OF THE SUPERIOR COURT x Unopposed 4824-7593-1333, v. 1

P.O, Box 236 Hopewell, NJ 08525 609-257-6705 (v) 609-374-9939 (f) info@kylemcmanus.com KMA KYLE 4+MCMANUS ASSOCIATES POLICY PLANNING DESIGN The Honorable Robert H. Gardner, J.S.C. Essex County Superior Court Historic Courthouse 470 Martin Luther King Jr., Blvd., 4th Floor Newark, New Jersey 07102 February 15, 2021 Re: IMO the Application of the Township of West Orange Docket No: ESX-L-4697-15 Dear Judge Gardner, Enclosed please find the Special Master’s Report for the Township of West Orange’s Compliance Hearing in the above referenced matter. | am available for any questions you may have and will attend the hearing. Sincerely, ZZ Ze Elizabeth McManus, PP, AICP, LEED AP c Richard Trenk, Esq. Richard Hoff, Esq. Bryan Plocker, Esq. Joshua Bauers, Esq.

KMA KYLE MCMANUS ASSOCIATES roucy PLANNING. DESIGN SPECIAL MASTER’S REPORT FOR A MOUNT LAUREL AMENDED FAIRNESS & COMPLIANCE HEARING TOWNSHIP OF WEST ORANGE | HUNTERDON COUNTY, NEW JERSEY IMO Application of the Township of West Orange Docket No. ESX-L-4697-15 February 15, 2021 Prepared for: The Honorable Robert H. Gardner, J.S.C. Superior Court of New Jersey Historic Courthouse, Room 404 470 Martin Luther King Jr. Blvd. Newark, NJ 07102 Prepared By: Elizabeth K. McManus, PP, AICP, LEED AP New Jersey Professional Planning License No, S925

KMA RYLE+ MCMANUS ASSOCIATES TABLE OF CONTENTS 1.6 INTRODUCTION .... 2.0 BACKGROUND....... 3.0 CONTEXT FOR REVIEW....... 4.0 WEST ORANGE TOWNSHIP’S HOUSING PLAN..... 5.6 CONCLUSION wn PB Township of West Orange] Docket No.: ESX-L-4636-15 February 15, 2021 Campliance Hearing

KMA KYLE¢ MCMANUS ASSOCIATES 1.0 INTRODUCTION This report has been prepared and submitted in my capacity as Special Master to assist the Court in the upcoming Compliance Hearing before the Honorable Robert H. Gardner, J.S.C. on February 18, 2021 In the Matter of the Application of the Township of West Orange, Docket No. ESX-L-4697.15. The following Report reviews and recommends whether the Township’s adopted 2020 Housing Element and Fair Share Plan (hereinafter the “Housing Pian”) is consistent with the Township's 2020 Settlement Agreement with Fair Share Housing Center (hereinafter the “2020 Settlement Agreement”), the and the accompanying Order on Fairness and Preliminary Round 3 Mount Laurel Compliance issued by the Honorable Robert H. Gardner, J.S.C. dated August 3, 2020 (hereinafter the “Order on Fairness”), as well as the applicable rules of the Council on Affordable Housing (hereinafter “COAH”) (N.J.A.C. 5:93), the Fair Housing Act (N.J.S.A. 52:27D-301 et seq), and relevant case law. The hearing notice adequately describes the hearing and directs comments to be distributed not later than January 11, 2021. | am not aware of any objections. 2.0 | BACKGROUND The Township of West Orange has a history of affordable housing compliance. The Township received second round substantive certification from COAH on October 11, 1995, with an extension through December 20, 2005 granted on February 9, 2005. The Township received third round substantive certification on December 9, 2009. The Township filed for Declaratory Judgment on July 21, 2015. There are two intervenors in this case — WEHI was granted intervention on December 4, 2015 and Redwood, LLC (hereinafter “Redwood”) was granted intervention on December 1, 2017. The Township executed a Settlement Agreement with Fair Share Housing Center (hereinafter “FSHC”) on April 17, 2020; Redwood is a signatory to this agreement as well. The also Township executed a Settlement Agreement with West Essex Highlands, Inc. (hereinafter “WEHI") on April 17, 2020. Both Settlement Agreements were approved by the Honorable Robert H. Gardner, J.S.C. via an Order an Fairness and Preliminary Round 3 Maunt Laure! Compliance dated August 3, 2020. Township of West Orange | Docket No.: ESX-L-4697-15 February 15, 2021 Compliance Hearing Pagel