EXHIBT B West Essex Highlands Inc

EXHIBIT B

RESOLUTION NO. 20-08 MEMORIALIZING RESOLUTION OF THE WEST ORANGE PLANNING BOARD RE: CONSIDERATION OF THE HOUSING PLAN ELEMENT AND FAIR SHARE PLAN TO BECOME PART OF THE MASTER PLAN FOR THE TOWNSHIP OF WEST ORANGE HEARING: November 17, 2020 MEMORIALIZED: December 2, 2020 WHEREAS, at a properly noticed special meeting of the Planning Board for the Township of West Orange on November 17, 2020, which was conducted as a virtual meeting of the Board pursuant to N.J.S.A. 10:4-8(b), the Board considered a report dated November 17, 2020 (attached hereto as Exhibit A) and entitled “Housing Element and Fair Share Plan of West Orange Township, Essex County” as prepared by Shirley M. Bishop, P.P., the Affordable Housing Planning Consultant for the Township of West Orange; and WHEREAS, this report was reviewed and considered before a quorum of the Board, and an opportunity was afforded to members of the public and/or interested persons or parties to ask questions and/or to be heard regarding this report and the Board's consideration of same at this public hearing; and WHEREAS, after consideration of this report and the further statements and comments offered to the Board in this hearing, the Board following its discussion now finds and concludes as follows: FINDINGS 1. Ms. Shirley M. Bishop, P.P., with the assistance of the Township’s Planner Mr. Paul Grygiel, AICP, PP, made a presentation to the Board and discussed in detail the Housing Element and Fair Share Plan which Ms. Bishop had prepared and which was previously made available prior to the hearing to the Planning Board and to the public. Ms. Bishop and Mr. Grygiel went through the report with the Board by going through each section discussing in detail the proposed Housing Element and Fair Share Plan to become part of the Master Plan in relationship to the Affordable Housing filings and proceedings conducted by and involving the Township of West Orange in the present Affordable Housing litigation which had recently resulted in the settlement of such litigation between the Township of West Orange, West Essex Highlands, Inc. and the Fair Share Housing Center.

2. After outlining and discussing the areas of her report now being considered by the Board, Ms. Bishop and Mr. Grygiel referred to the implementing ordinances that have been referred to the Board and which would be subject to adoption and implementation by the Township of West Orange following the Board's decision and action on the proposed amendment to the Master Plan with the inclusion of the Housing Plan Element and Fair Share Plan. Ms. Bishop advised the Board that these new ordinances were related to and were required as part of the Township's implementation of the Township’s Affordable Housing obligations and settlement of the pending Affordable Housing litigation involving these matters and also required by New Jersey statute, N.J.S.A. 40:55D-62(a). 3. Ms. Bishop further discussed with the Board the Board's comments and/or questions regarding the Housing Plan Element and Fair Share Plan she had prepared. The Board further discussed with her the further anticipated proceedings that would be required to conclude the Township's settlement agreement for its Affordable Housing litigation with implementation of the Township's Affordable Housing obligations. 4. The meeting of the Board was conducted as a remote or virtual meeting of the Planning Board pursuant to N.J.S.A. 10:4-8(b), the Board offered the opporiunity for public comments regarding the Housing Element and Fair Share Plan being presented by Ms. Bishop and for any questions for Ms. Bishop and the Planning Board regarding same. 5. The Planning Board upon discussion of the Housing Plan Element and Fair Share Plan for the Township of West Orange presented by Ms. Bishop agreed that it would be appropriate. for the amendment of the Master Plan for the Township of West Orange to include therein as a Housing Plan Element in accordance with Ms. Bishop’s report entitled “Housing Element and Fair Share Plan of West Orange Township, Essex County”, which had been the subject of this hearing. The Board further determined that it would now be appropriate to take action on the Housing Element and Fair Share Plan being presented which would then be incorporated as an amendment into the Master Plan for the Township of West Orange. CONCLUSIONS 1. The Board finds and concludes after consideration of the Housing Element and Fair Share Plan prepared by Shirley M. Bishop, P.P., the Affordable Housing

or the Township of West Orange. CONCLUSIONS 1. The Board finds and concludes after consideration of the Housing Element and Fair Share Plan prepared by Shirley M. Bishop, P.P., the Affordable Housing Planning Consultant for the Township of West Orange, and as presented by Ms. Bishop and Mr. Grygiel to the Board during this hearing, and based upon the further discussion,

statements, and comments of the Board with Ms. Bishop during the hearing, that the Housing Element and Fair Share Plan proposed is well designed and presented and would be clearly beneficial io the Township of West Orange and its residents as to the matters listed therein. The Board accordingly concludes that the Housing Element and Fair Share Plan from Shirley M. Bishop, P.P. would be appropriate to be approved to become part of and thereby incorporated into the Master Plan for the Township of West Orange. 2. Based upon the Board's review, consideration, and the presentation made to the Board regarding the Housing Element and Fair Share Plan during this hearing, the Board now believes that the Housing Element and Fair Share Plan as presented and reviewed by the Board would in fact properly address the goals and objectives of the Township of West Orange regarding its Affordable Housing obligations in the best interest of the residents of the Township of West Orange, and the Board now believes that it wouid be appropriate for the Board to take action at this time regarding same. NOW, THEREFORE, BE IT RESOLVED thai the Housing Element and Fair Share Plan of West Orange Township, Essex County as prepared by and presented by Shirley M. Bishop, P.P. as the Affordable Housing Planning Consultant to the Township of West Orange and dated November 17, 2020 (attached hereto as Exhibit A), is hereby approved by this Planning Board with said Housing Element and Fair Share Plan to thereby become part of and incorporated into the Master Plan for the Township of West Orange as a Housing Plan Element pursuant fo N.J.S.A. 40:55D-28(3), and the Master Plan of the Township of West Orange is hereby amended accordingly. The undersigned Secretary of the Township of West Orange Planning Board hereby certifies that the within Resolution and Memorialization was adopted by the Planning Board for the Township of West Orange pursuant to N.J.S.A. 40:55D-10(g) at its special meeting on November 17, 2020.

VOTE ON ACTION OF THE BOARD AT 11/17/20 HEARING On Motion of: Weston Seconded by: Wilkes The vote on the Resolution was as follows: AYES: Weston, Klein, Bagoff, Williams, Wilkes, Johnson, McCartney, Smeraldo NAYS: NIA ABSENT: Trenk

VOTE ON RESOLUTION 20-08 On Motion of: © he Ip Matin labs +, 5 Seconded by: Dy. Bagel f The vote on the Resolution was as follows: AYES: Bowel f Johnson, Cartrey Smevaldo, withes Luallians ieston NAYS: =~ ABSENT: Wein ; frenk (ebseat Wi) Dated: Adopted December 2, 2020 WEST ORANGE PLANNING BOARD Ronald LE Spat McCauley Secretary Prepared by: Kenneth D. McPherson III, Esq.

HOUSING ELEMENT | AND FAIR SHARE PLAN OF WEST ORANGE TOWNSHIP, ESSEX|COUNTY, NEW JERSEY Adopted: November 17, 2020

FAIR SHARE PLAN WEST ORANGE TOWNSHIP ESSEX COUNTY Adopted: November 17, 2020

7. Habitat for Humanity Newark Inc. has two for-sale family units located at 112 Whittlesey Avenue, Unit 1 and Unit 2. The first home was occupid in 2007 and the second in 2013. A copy of the deed restrictions is in in Exhibit _L. 8. West Orange is claiming 57 rental bonuses. IV. ADDRESSING WEST ORANGE’S ROUND 3 OBLIGATION It should be noted that West Orange received Third Round substantive certification from COAH on December 9, 2009. That certification was subsequently invalidated. As per the terms of the FSHC Settlement Agreement, the Township's Round 3 (1999-2025) Obligation is 421 units as the result of a vacant land adjustment (VLA). The initial obligation was 954 units, However, with the VLA, the realistic development potential (RDP) became 421 units. West Orange has a 533 unit unmet need. Exhibit J. Round 3 caps are as follows: 1. Age Restricted Cap = 105 2, Rental Obligation = 106 3, Rental Bonus Cap = 106 West Orange intends to address this obligation with the following: Name of Development #of | Bonus | Total Status Units Federation Plaza (age-restricted) 42 0 42 Completed Wedgewood Avenue (supportive housing) 2 0 2 Completed. Dogwood Drive (supportive housing) 4 0] 4 Completed Pleasant Valley Way (supportive housing) 6 0 6 Completed Washington Street ( family rental) 3 it} 3 Completed 152 Main Street (family rental) 3 0 3 Completed 158 Main Street (family rental) 3 0 3 Completed St. Cloud- Prism (supportive housing) 4 0 4 Completed Forest Avenue (supportive housing) 4 it} 4 Completed Valley Road Residential (farnily rental) 55 55 110 Completed ‘West Essex Highlands (family rental) 100 51 151 | Developer’s Agreement finalized Selecto Flash (family rental) 17 0 17 Redevelopment Plan; pending developer’s agreement Executive Drive Block 155, Lot 40.03 23 0 -23 Redevelopment Plan; (family rental) Rooney Circle: vacant pending developer’s 7 4862-5689-4161, v. 4