17-21 Exhibit - Endorsing the Housing Element and Fair Share Plan adopted by the West Orange Planning Board and Authorizing Public.pdf

Il. WEST ORANGE TOWNSHIP’S AFFORDABLE HOUSING OBLIGATIONS Per the agreed upon affordable housing obligations in the FSHC Settlement Agreement, West Orange’s Affordable Housing Obligations are as follows: Township Of West Orange Affordable Housing Obligations Rehabilitation Obligation 305 Prior Round Obligation 226 Gap + Prospective Need or Round 3 Obligation 954 3 4852-5689-4161, v. 1

Ill. SATISFACTION OF WEST ORANGE’S REHABILITATION OBLIGATION The Township has a Rehabilitation Obligation of 305 units. West Orange has contracted with Community Action Services (CAS) to administer a rehabilitation progran for both owners and renters. The program is funded through the Township's Affordable Housing Trust Fund. The contract with CAS and completed rehabilitation from 2010 to the present are in Exhibit A. To date, 53 deficient housing units have been rehabilitated since 2010. West Orange also participates in the Essex County Home Improvement Program. To date, 17 homes have been rehabilitated since 2010. IV. ADDRESSING WEST ORANGE’S PRIOR ROUND OBLIGATION As per the terms of the FSHC Settlement Agreement, West Orange Township’s Prior Round Obligation is 226 units. A. Rental Obligation and Rental Bonuses The rental component is calculated as follows: .25 (prior round obligation) .25 (226) .25 (226) = 57 Therefore, West Orange Township has a rental obligation of 57 units. The maximum number of units for which a municipality may receive rental bonuses is also calculated in the formula above. One bonus is granted for family rental units and a 0.33 bonus is granted for age-restricted units. B. Maximum Age-restricted Units. A municipality may receive credit for age-restricted units according to the following formula: .25 (prior round obligation) -25 (226) .25 (226) = 56 Based on this formula, West Orange Township is eligible to age-restrict up to 56 units.

C. Site Suitability Analysis. Pursuant to N.J.A.C. 5:93-1.3, sites that are designated to produce affordable housing shall be available, approvable, developable and suitable according to the following criteria: e “Available site” means a site with clear title, free of encumbrances which preclude development for low and moderate income housing. N.J.A.C. 5:93-1.3. e “Approvable site” means a site that may be developed for low and moderate income housing in a manner consistent with the rules or regulations of agencies with jurisdiction over the site. A site may be approvable although not currently zoned for low and moderate income housing. e “Developable site” means a site that has access to appropriate water and sewer infrastructure, and is consistent with the applicable area wide water quality management plan (including the wastewater plan), or is included in an amendment to the area wide water quality management plan submitted to and under review by the DEP. e “Suitable site” means a site that is adjacent to compatible land uses, has access to appropriate streets and is consistent with the environmental policies delineated in N.JA.C. 5:93-4. In addition to the above qualifications, it is also sound planning for sites to be consistent with the State Development and Redevelopment Plan. Sites that are located in Planning Area 1: Metropolitan or Planning Area 2: Suburban of the State Development and Redevelopment Plan, or are located in an existing sewer service area, are the preferred location for municipalities to address their fair share obligations. All of the sites in this Housing Element and Fair Share Plan are located in State Planning Area 1. D. Implementation West Orange Township’s second round Housing Element and Fair Share Plan received substantive certification on October 11, 1995 for a 226-unit obligation. The Chart below illustrates the compliance methods: Name of Development # of Units | Bonus | Total Status Degnan House (age-restricted) 10 0 10 Completed Federation Plaza (age-restricted) 92 it) 92 Completed. Wedgewood Avenue (supportive 2 bedrooms 2 4 Completed housing) _ 30-32 Kingsley (supportive housing) __| 8 bedrooms 0 8 Completed 4 Marmon Terrace (supportive 6 bedrooms 6 12 Completed housing) Merrywood Drive (supportive 5 bedrooms 5 10 Completed housing) 5 4852-5689-4161, v. 1

PRISM Redevelopment (family rental) 44 44 88 Phase 1 is completed; Phase 2 is approved w/ redeveloper’s agreement in place Habitat for Humanity (family for-sale) 2 0 2 Completed Total 169 57 226 - 1. Degnan House (Block 113.01, Lot 27.01) is a very low income senior citizen rental complex that was funded by the Section 202 Program. There are a total of 62 apartments in the building. However, only 10 were occupied after April 1, 1980 and thus eligible for credit. Exhibit B. 2. Federation Plaza (Block 165, Lot 16) is also an age-restricted complex that was funded by the Section 202 Program. There are a total of 134 senior units that opened in December 1980. Ninety-two will address the Prior Round and the balance, 42, will address the Third Round Obligation. Exhibit C. 3. 4 Wedgewood Avenue is a four bedroom group home that is owned and operated by the ARC of Essex County. Two of the bedrooms will be credited towards the Prior Round. The home opened in 1984. Exhibit D. 4. 30-32 Kingsley is an eight bedrooms group home that is owned and operated by the Easter Seal Society of New Jersey. The home opened in 1992. Exhibit E. 5. 1 Marmon Terrace is a six bedroom group home that is owned and operated by the ARC of Essex County. The home opened in 1992. Exhibit F. 6. 2Merrywood Drive is a five bedroom group home that is owned and operated by the Developmental Disabilities Association. The group home opened in 1998. Exhibit G. 7.Prism Green Associates IV, LLC (Block 64, Lot 22) (PRISM) is a redevelopment site that will contain a total of 296 units in Phase 2 including 44 affordable family rentals. The Redevelopment Agreement provides for a 50-year deed restriction on the 44 units . In addition to the 44 affordable family rentals, PRISM funded the four bedroom group home at St. Cloud for a total of 48 affordable units. The development will occur in phases. Phase | is completed and Phase 2 is approved with an Amended and Restated Redevelopment Agreement, dated June 1, 2018. The site is available in that it has clear title and is owned by Prism Green Associates, IV, LLC. The site is approvable in that there is an executed Redevelopment Agreement in place and Phase 1 has already been completed. The site is developable in that it has access to public water and sewer. The site is suitable in that it is in a mixed- use area with both residential and commercial

hase 1 has already been completed. The site is developable in that it has access to public water and sewer. The site is suitable in that it is in a mixed- use area with both residential and commercial uses. ‘Access is from Charles Street and the site is located on a public bus route. Exhibit H. 4852-5689-4161, v. 1

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 0 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 i) 4 Completed Valley Road Residential (family 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 4852-5689-4161, v. 1

agreement Executive Drive Block 155, Lot 40.02 and 64 0 64 Planning Board 42.02 (family rental) 100 and 200 approval; pending Executive Drive developer’s agreement Library Site/West Orange Senior Housing | 17 (of 0 17 Planning Board 64) Resolution; awarded tax credits [- 347 | 106 [| 453 = Nv 10. . Federation Plaza- As discussed in the Prior Round, 42 of the 134 senior rentals will be credited towards the Third Round. Wedgewood Avenue- As discussed in the Prior Round, two of the four bedrooms will be credited towards the Third Round. Dogwood Drive is a four bedroom group home that is owned and operated by Project Live. The home opened in 1998. Exhibit K. Pleasant Valley Way is a six bedroom group home that is owned and operated by Cerebral Palsey of North Jersey. The home opened in 1997. Exhibit L. 39 Washington Street is a three unit affordable rental project that is owned and operated by RPM. The triplex opened in 2007. Exhibit M. 152 Main Street is a three unit affordable rental complex that is owned and operated by RPM. The triplex opened in 2007 Exhibit N. 158 Main Street is also a three unit affordable rental complex that is owned and operated by RPM. The triplex opened in 2007. Exhibit O. St. Cloud is a four bedroom group home that was funded by PRISM as part of its affordable housing obligation. The home is owned and operated by Our House. The home opened in 2009. Exhibit P. Forest Avenue is a four bedroom group home that is also owned and operated by Our Home. The Township contributed $250,000 from its Affordable Housing Trust Account. The home opened in 2013. Exhibit Q. Valley Road Residential (Block 9, Lot 1.01) is a 100 unit mixed- income development that contains 55 affordable family rental units and 45 market rate units. The project was the recipient of the Nine Percent Federal Low Income Tax Credit Program. Valley Road Residential Urban Renewal LLC is the owner and sponsor. All units are completed and occupied. West Orange contributed $3 million from its Affordable Housing Trust Fund to make the development financially feaseible. The development opened in 2020. Exhibit R. 4852-5689-4161, v. 1

11. West Essex Highlands (Block 179, Lot 32) (WEH) will contain 496 family rentals including 100 affordable family rentals. There is an executed Settlement Agreement that contains a Concept Plan, Zoning Amendment, Design Terms and Conditions and West Essex Highlands Condominium Association (association) Terms and Conditions. Numerous mediation sessions occurred with both WEH, the T ownship and the association. The agreement is the result of those sessions. The site is available in that it is owned by West Essex Highlands, Inc. The site is approvable in that there is an executed Settlement Agreement in place that contains the proposed rezoning. The site is developable in that it has access to public water from the New Jersey American Water Company and sewer from West Orange. The site is suitable in that it is surrounded by residential uses and has Warner Road as the primary access. Exhibit S$. 12. Selecto Flash (Block 9, Lot 35 and Block 7, Lot 22) is the focus of a redevelopment plan known as the Central Avenue Redevelopment Area Plan and an Interim Redevelopment Agreement. The site is comprised of six lots. One of these is adjacent to the Harvard Press Redevelopment Area and the other five are in the vicinity. All but one of these lots is located between Central Avenue and Mitchell Street to the west of the Harvard Press site. The sixth lot is located on the south side of Mitchell Street and the east side of Tompkins Street. In 2016, these tax parcels were determined to be in need of redevelopment. A redevelopment plan was adopted by the Township Council in January 2017. The plan is consistent with other planning efforts in the vicinity in West Orange and Orange, and takes advantage of proximity to the Highland Avenue railroad station. The Township has rezoned this property to permit up to 111 residential units including a 15 percent set-aside for 17 affordable family rental units that may be provided off site on a municipally-owned lot on Tompkins Street. The site is available in that it is owned by West Orange Township. The site is approvable in that the zoning is in place. The site is developable in that it has access to public water from the New Jersey American Water Company and sewer from West Oranger. The site is suitable in that it is surrounded by adjacent multi-family residences, commercial uses and single family homes. Access is from Central

y American Water Company and sewer from West Oranger. The site is suitable in that it is surrounded by adjacent multi-family residences, commercial uses and single family homes. Access is from Central Avenue and Mitchell Street. Exhibit T. 13. & 14. Essex Green Executive Drive Redevelopment Area (Block 155, Lots 40.02,40.03, 40.04, 41.02, 42.02). There are three specific areas consisting of five parcels. However, only two parcels are included for redevelopment. The area was deemed to be an Area in Need of Redevelopment in January 2018. Redevelopment plans were adopted for two areas in 2018 and 2019. However, on September 11, 2020, that designation was tecently overturned by the Appellate Division (“Appellate Division Decision”) and a new redevelopment study is being prepared and will be considered before the Planning Board on November 18 and 19, 2020. Before the Appellate Division Decision, one site, Block 155, Lots 40.02 and 42.02 known as 100 and 200 Executive Drive had been approved by the Planning Board for a total of 425 units of which 64 will be affordable family rentals. The site also received planning board approval on June 25, 2020 for a multi-family residential development. 4852-5689-4161, v. 1

Depending on the Planning Board consideration of the new redevelopment study and the Township Council’s decision regarding the Planning Board recommendation, a new redevelopment plan will need to be considered. Block 155, Lot 40.03, known as Rooney Circle is vacant land and is proposed to provide _ up to 123 residential units including 23 affordable family rentals on a 4.72 acre vacant tract. Although the Rooney Circle site is in the June 2019 redevelopment plan, there is no development application for this site. As a result, the Rooney Circle site will be zoned accordingly. The site is available in that it is owned by CLPF Essex Green, LLC c/o Clarion Partners. The site is approvable in that there is proposed new zoning for the site that will include up to 123 residential units including 23 affordable family rentals. The site is developable in that it has access to public water from the New Jersey American Water Company and sewer from West Orange. The site is suitable in that it is surrounded by mixed uses of office, hotel and residential. The site has access from Rooney Circle. The site is vacant and has no constraints other than steep slopes which do not impede development. Exhibit U. 15. 46 Mount Pleasant Avenue Redevelopment Area /West Orange Senior Housing/ Library Site (Block 68, Lot 1) This area consists of one tax lot on which the West Orange Public Library is located and a portion of the Towship’s public street that is used as a parking lot. A redevelopment plan for the area known as 46 Mount Pleasant Redevelopment Area was adopted in July 2019. However, the Designation of an Area in Need of Redevelopment was appealed and the trial court ruled in favor of the Township. Regardless, the case was appealed and an accelerated hearing is being requested before the Appellate Division. It is noted that the redevelopment area only includes a portion of the Township properties in this area. The site received an award of Nine Percent Federal Low Income Tax Credits and, once constructed, will yield 64 age-restricted, 100 percent affordable rental units. Five of the units will be age-restricted, permanent supportive housing for the homeless. The Township may only apply 17 of these 64 credits towards its Third Round RDP because of the age-restricted cap. The balance, 47 units, will be applied towards unmet need. The site is owned by West Orange Township. The