A Model Statewide Municipal Electric Vehicle (EV) Ordinance is now in effect throughout New Jersey. The ordinance was mandated under a new law, S-3223 (P.L.2021, c.171), requiring that Electric Vehicle Supply/Service Equipment (EVSE) and Make-Ready parking spaces be designated as a permitted accessory use in all zoning or use districts in New Jersey. The law also establishes requirements for the installation of EVSE and make-ready parking spaces in local communities.
New Law Governing EVSE and Make-Ready Parking Spaces
On July 9, 2021, Gov. Phil Murphy signed S-3223 (P.L.2021, c.171) into law. Under the new law, an application for development submitted solely for the installation of EVSE or Make-Ready parking spaces will be considered as-of-right in all zoning or use districts of a municipality. As a result, municipalities can’t characterize these spaces as permitted accessory uses or permitted accessory structures and can’t require a “D” variance.
This article was originally published on Scarinci Hollenbeck’s firm website. To access the full article, head over to: https://scarincihollenbeck.com/law-firm-insights/public-law/dca-model-nj-municipal-ev-ordinance