West Orange Fourth Round HEFSP_adopted 111025_Appendices

fordability assistance funds will be used for emergency repairs and subsidizing future special assessments of existing low and moderate income homeowners. The Township indicates the affordable housing administrator will operate the affordability assistance program. Township of West Orange | Docket No.: ESX-L-4697-15 February 15, 2021 Compliance Hearing Page 9

KMA XYLE+ MCMANUS ASSOCIATES Other Requirements The Township’s Settlement Agreement with FSHC also contained several other terms intended to advance the goal of meeting the needs of the Township's low- and moderate-income households. The key terms and the Township’s compliance are addressed below. 1. The Township agrees to prepare and adopt within 120 days an amended Housing Element and Fair Share Plan, including a Spending Plan. The Township also agrees to introduce within 120 days of Court approval an ordinance amending the Township’s Affordable Housing Ordinance and Zoning Ordinance to implement the terms of this agreement and the zoning contemplated therein. Satisfied, except for the recommended conditions herein. 2. At least half of all housing units addressing the Third Round Prospective Need shall be affordable to low-income households, with 13% of the affordable housing units being reserved for very-low income households. The remainder of the affordable units shall be affordable to moderate- income households. Satisfied. 3. At least 25% of the Township’s Third Round Prospective Need shall be met through rental units, at least half of which will be rental units available to families. Satisfied. 4. At least half of the units addressing the Third Round Prospective Need in total must be available to families. Satisfied. 5. No more than 25% of the affordable units addressing the Township’s Prior Round and Third Round obligation shall be age-restricted. Satisfied. 6. Rental bonuses shall be calculated in accordance with COAH’s Second Round rules N.J.A.C. 5:93 — 5.15 (d). Satisfied. 7. Ali affordable housing units created pursuant to the Settlement Agreement shall comply with UHAC rules, with the exception of #2 above in which case those rules have been superseded by an amendment to the Fair Housing Act. Satisfied. 8. The Township shall update its affirmative marketing plan to include FSHC and other named organizations in its list of community and regional organizations, and both the Township and any Township of West Orange | Docket Na.: ESX-L-4697-15 February 15, 2021 Compliance Hearing Page 10

KMA KYLE-+ MCMANUS ASSOCIATES other developers or administrative agencies conducting affirmative marketing shall provide notice to those organizations of any available units. Satisfied. 9. On the first anniversary of the execution of the Settlement Agreement, and every anniversary thereafter through the end of the Agreement, the Township agrees to provide a status report of all affordable housing trust fund activity. Compliance with this item will be determined at the appropriate time. 10. The Township shall submit its midpoint realistic opportunity review on or before July 2, 2020, as required pursuant to N.J.S.A. 52:27D-313. This midpoint review permits any interested party, such as FSHC, to request by motion a Court hearing regarding whether any sites in the Township’s compliance plan no longer present a realistic opportunity for affordable housing development and should be replaced. While this review is statutorlly sanctioned and certainly reasonable, in the event the Court finds that an affordable housing site or other compliance mechanism should be replaced | recommend that the Township be given the opportunity to supplement Its Fair Share Plan to correct any deficiency while being protected by immunity from bullder remedy litigation. This municipal opportunity to remedy a defect is certainly warranted since the plan which is being amended was approved by the Court. The Township should indicate if this was completed. 41. Within 30 days of every third anniversary of the Agreement the Township will publish on its website and submit to FSHC a status report regarding its satisfaction of the very-low income requirement pursuant to N.J.S.A. 52:27D — 329.1, Compliance with this item will be determined at the appropriate time. 5.0 CONCLUSION As directed by the Court, | have reviewed the 2020 Housing Element and Fair Share Plan of the Township of West Orange and its supporting ordinances and exhibits for compliance with the Township's Settlement Agreement with FSHC. The Housing Plan is consistent with the Court-approved Settlement Agreement, the Fair Housing Act, and COAH’s Second Round rules; however, there are a few deficiencies that must be addressed. The following provides a summary of the recommendations contained herein: 1. The Township should submit a sample affordability control for the municipal rehabilitation program. 2. The Township

ssed. The following provides a summary of the recommendations contained herein: 1. The Township should submit a sample affordability control for the municipal rehabilitation program. 2. The Township should submit the Degnan’s House affordability controls and identify the units which are eligible for credit Township of West Orange | Docket No.: ESX-L-4697-15 February 15, 2021 Campliance Hearing Page 11

KMA KYLE-+MCHANUS ASSOCIATES. 3. The Township should submit the Easter Seal Society’s affordability controls as well as the special needs survey and supporting documentation. 4. The Township should submit the Merrywood Drive group home's affordability controls as well as the special needs survey and supporting documentation. 5. The Township should adopt the affordability control for Unit 1 of the Habitat for Humanity. 6. The Township should submit the executed contract for the Selecto Flash site. 7. The Township should submit the adopted Redevelopment Plan and Agreement between the developer and Township for the Executive Drive, Block 155, Lot 40.03 site. 8. The Township should submit the adopted resolution appointing the municipal housing liaison. 9. The Township should submit a Spending Plan. 10. The Township should submit an adopted resolution of intent to fund. 41. | recommend the Court approve the development fee ordinance. { further recommend the above issues be addressed by the Township within 90 days. Township of West Orange | Docket No.: ESX-L-4697-15 February 15, 2021 Compliance Hearing Page 12

ESX L 004697-15 = 03/17/2021 Pg 3 of 7 Trans ID: LCV2021582301 McMANIMON, SCOTLAND & BAUMANN, LLC 75 Livingston Avenue Fl L E D West Orange, New Jersey 07068 2:00 pm, Mar 17, 2021 (973) 622-1800 Richard D. Trenk, Esq. (016951982) Attorneys for Plaintif{/Petitioner Township of West Orange SUPERIOR COURT OF NEW JERSEY LAW DIVISION: ESSEX COUNTY IN THE MATTER OF THE APPLICATION OF THE TOWNSHIP OF WEST ORANGE, a Civil Action municipal corporation of the State of New (Mount Laurel) Jersey, DOCKET NO.: ESX-L-4697-15 Plaintiff/Petitioner, ORDER OF JUDGMENT OF COMPLIANCE AND REPOSE SUPERIOR COURT OF NEW JERSEY LAW DIVISION: ESSEX COUNTY IN ALL DECLARATORY JUDGMENT ACTIONS FILED BY VARIOUS Civil Action MUNICIPALITIES, COUNTY OF ESSEX, (Mount Laurel) PURSUANT TO THE SUPREME COURT DECISION IN, In re Adoption of N.LA.C, DOCKET NO.: ESX-L-4173-15 5:96, 221 N.J. 1 (2015), Plaintiff/Petitioner, Hearing Date: February 18, 2021 at 1:30 p.m. THIS MATTER having been opened to the Court by McManimon, Scotland and Baumann, LLC (Richard D. Trenk, Esq. appearing), allorneys for Plaintiff, the Township of West Orange (“Township”), via a Declaratory Judgment Complaint filed on July 7, 2015 to approve to approve the Township’s Housing Element and Fair Share Plan (hereinafter “Fair Share Plan”), as may be amended, in response to In Re Adoption of N.JLA.C. 5:96, 221 NJ. 1 (2015) (“Mount Laurel 1V”); and the Court having granted the Township immunity from Mount

ESX L004697-15 03/17/2021 Pg 4 of 7 Trans ID: LCV2021582301 Laurel lawsuits from the time of the filing of the Township’s Declaratory Judgment action {hereinafter “DJ Action”); and the Court having appointed Elizabeth K. McManus, P.P., ALC.P., LEED AP as the Special Mount Laurel Court Master (hereinafter the “Special Master”); and Fair Share Housing Center (“FSHC”) having participated in the Township’s DJ Action as an Intervenor, and Redwood, LLC (“Redwood”) and West Essex Highlands, Inc. (“WEHI”) having also appeared as Intervenors; and West Essex Highlands Condominium Association, Inc. (‘Condominium Association”) having participated in certain mediation; and the Township, FSHC and Redwood having agreed upon a form of Settlement Agreement (attached hereto as Exhibit WO-1 and referred to hereinafter as the “FSHC Settlement Agreement”), which was executed by Adam M. Gordon, Esq. on behalf of FSHC on April 6, 2020 and the Township Council having adopted a resolution on April 14, 2020 (Exhibit WO-3) authorizing the Mayor of West Orange to execute the FSHC Settlement Agreement, which he did on May 6, 2020; and the Township, WEHI and the Condominium Association having entered into a Settlement Agreement on April 23, 2020 (Exhibit _WO-2 and referred to hereinafter as the “WEHI Settlement Agreement”), after a resolution authorizing the Mayor to sign the WEHI Settlement Agreement was adopted on April 14, 2020 (Exhibit WO-4); and the Court having scheduled a Fairness Hearing to determine whether or not the settlement agreements are fair and reasonable to low and moderate income households; and the Township having provided proper public and actual notice of the Fairness Hearing; and the Township having filed a Certification of Service, (Exhibit WO-5), to document that proper notice of the Fairness Hearing had been given; and the Special Master having submitted a report to the Court on July 6, 2020 (Exhibit WO-6), in which she recommended that the Court approve the FSHC and WEHI Settlement Agreements; and the Fairness Hearing having been held on July 10, 2020, during which Exhibits WO-1 to WO-04, 4843-6094-9729, v. 1

ESX L.004697-15 03/17/2021 Pg 5 of 7 Trans ID: LCV2021582301 which are attached hereto, were marked into evidence; and the Court having considered the testimony of Shirley Bishop and Paul Grygicl taken during the Fairness Hearing, as well as the statements of counsel; and the Court having conducted a further hearing on February 18, 2021 concerning compliance with the approved settlements evidence during the Fairness Hearing; and the Court having considered the report dated February 15, 2021 of the Special Master (the “Special Master Report”), the testimony taken during the Compliance Hearing, as well as the comments of counsel; and good cause having been shown; ITIS onthis_17th day of Mareh 2021; ORDERED as follows: 1. Subject to the satisfaction of the open issues referenced during the Compliance» Hearing, the Township of West Orange’s Fair Share Plan creates a realistic opportunity for the production of affordable housing and is hereby approved and the Township is granted a Judgment of Compliance and Repose as to its Rehabilitation Share, its Prior Round Obligation (1987-1999), and its Third Round Obligation (the last comprised of both the Gap (1999-2015) and the Prospective (2015-2025) Needs), pursuant to the Court approved Settlement Agreement entered into between the Township and FSHC on May 6, 2020, the Fair Housing Act (N.J.S.A. 52:27D-301, et. seq.)(“FHA”), the Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1, et seq.) (“UHAC”), applicable Council on Affordable Housing (hereinafter “COAH”) substantive rules, and Mount Laurel case law, including the New Jersey Supreme Court's Mount Laurel IV decision. 2. The Township’s Judgment of Compliance and Repose shall remain in effect for ten (10) years beginning on July 6, 2015 and ending on July 6, 2025, and during this ten (10) year period the Township shall have immunity from all Mount Laurel lawsuits, including, but not 4843-6094-9729, v. 1

£SX L004697-15 03/17/2021 Pg 6 of 7 Trans ID: LCV2021582301 limited to, Builder’s Remedy lawsuits, other than actions brought to enforce the terms of the Settlement Agreement or the Court’s orders. 3, As per the Settlement Agreement between the Township and FSHC, which was approved by the Court during a Fairness Hearing held on July 10, 2020 and was memorialized by the Court in an Order entered on August 3, 2020, the Township's Rehabilitation Share is 305, the Township’s Prior Round Obligation (1987-1999) is 226, and the Township’s Third Round Obligation (1999-2025) is 954, reduced to 421 as a result of a vacant land adjustment. 4, The Township is addressing its Prior Round Obligation of 226 as set forth in the Special Master Report. 5. The Township is addressing its Round 3 obligation of 421 as set forth in the Special Master Report. 6. The Township has also implemented the additional compliance mechanisms as set forth in the Special Master Report. 7. Based on testimony given during the February 18, 2021 Compliance Hearing, Conditions 1, 8 and 10 on Pages 11-12 of the Special Master Report are hereby deemed fully satisfied. 8, Short-term conditions 2, 3, 4, 5, 6', 7? and 9 on Pages 11-12 in the Special Master Report shall be addressed and resolved by the Township within ninety (90) days of February 18, 2021, by which date the Township shall submit a status update report to the Court, the Special Master and FSHC. Said deadline can only be extended if the Township, the Special Master, FSHC, and the Court agree to such an extension. } With regard to the Selecto Flash site, the agreement contemplated will be a redevelopment agreement, 2 With regard to Condition No. 7, the Township shall adopt a zoning amendment because this site is not part of any redevelopment area due to the Appellate Division Decision dated September 11, 2020. 4843-6094-9729, v. 1

ESX L 004697-15 03/17/2021 Pg 7 of 7 Trans ID: LCV2021582301 9. The Township shall continue to address the long-term conditions on Page 11 in the Special Master Report, which can only be modified if the Township, the Special Master, and FSHC agree to such a modification, for the remainder of the Third Round, 10. Subject to the deadlines established above, upon the Special Master receiving, reviewing, and approving the additional documents and revisions required by the short~erm conditions contained herein, the Special Master shall advise the Court that said short-term conditions have been satisfied. Upon such notification, the Township will provide the Court with a form of Order that will indicate that all of the short-term conditions have been satisfied, and that the Township’s conditional Judgment of Compliance and Repose has become a Final Judgment of Compliance and Repose, with only the long-term conditions remaining. 11. The Township’s updated and adopted Development Fee Ordinance is hereby approved by the Court. 12. Counsel for the Township shall provide copies of this Order to the Township’s Service List within seven (7) days of the date hereof per the Rules of Court. 13. The parties shall within ten (10) days pay any outstanding invoices owed to Special Master McManus and shall so advise this Court with an appropriate certification eM a has been complied with. LOL LEbUL ING HONORABLE ROBERT H. GARDNER JUDGE OF THE SUPERIOR COURT x Unopposed 4843-6094-9729, v. 1