Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

DCA Model Statewide Municipal EV Ordinance in Effect

Author: Donald M. Pepe

Date: September 21, 2021

Key Contacts

Back

A Model Statewide Municipal Electric Vehicle (EV) Ordinance is now in effect throughout New Jersey.

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.

S-3223 further provides that an application for development for the installation of EVSE or Make-Ready parking spaces at an existing gasoline service station, an existing retail establishment, or any other existing building can’t be subject to site plan or other land use board review, can’t require variance relief or any other law, rule, or regulation, and must be approved through the issuance of a zoning permit by the administrative officer, provided the application meets the following requirements:

  • The proposed installation does not violate bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building;
  • All other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; and
  • The proposed installation complies with the construction codes adopted in or promulgated pursuant to the “State Uniform Construction Code Act,” any safety standards concerning the installation, and any State rule or regulation concerning electric vehicle charging stations.

The new law also required the Commissioner of Community Affairs, within 30 days of enactment, to publish a model land use ordinance to address installation, sightline, and setback requirements and other health- and safety-related specifications for electric vehicle supply equipment and Make-Ready parking spaces.  The model land use ordinance was not required to go through the Administrative Procedure Act’s rulemaking process.

As highlighted by the Department of Community Affairs (DCA), the intent of the model statewide ordinance is to ensure that municipalities are requiring installation of EVSE and Make-Ready parking spaces in a consistent manner and also to provide an ordinance that can be easily used by every municipality with no or minimal amendments by the municipality.

Model Statewide Municipal Electric Vehicle Ordinance 

On September 1, 2021, DCA  published the Model Statewide Municipal Electric Vehicle Ordinance, which was written with support from the Department of Environmental Protection (DEP) and Board of Public Utilities (BPU). 

“New Jersey municipalities are on the front lines of the climate crisis, both in responding to its impacts and leading the charge to reduce their contribution to greenhouse gas emissions,” Lt. Governor and DCA Commissioner Sheila Oliver said in a press statement. “This statewide municipal ordinance provides them with consistent guidance on how to make those changes in the most efficient and cost-effective way and is a big step toward ensuring that our communities are ready for a carbon-neutral future.”  

The model statewide ordinance is mandatory and became effective in all municipalities upon DCA publication. Municipalities are allowed to make changes to the “Reasonable Standards” portion of the ordinance, such as those related to health and safety factors, through the normal ordinance amendment process. However, they may not change the parts of the ordinance that were required by the legislation, including requirements for municipal approvals and permits, EV-ready development, and minimum parking requirements. For municipalities with existing EV ordinances, the statewide ordinance will supersede those requirements

Key Takeaway for NJ Municipalities

As set forth above, the model ordinance automatically became effective in all New Jersey municipalities on September 1, 2021. Accordingly, municipalities that don’t want to take advantage of the limited options for customizing the ordinance are not required to take any further action to adopt the ordinance.

Given the novelty of the law and the required review process for the installation of EVSE or Make-Ready parking spaces, we encourage municipalities and their zoning officials to work with experienced counsel when reviewing applications. If you have any questions about the new law, we also encourage you to contact a member of Scarinci Hollenbeck’s Government Law Group

If you have questions, please contact us

If you have any questions or if you would like to discuss the matter further, please contact Don Pepe, Ashley Brinn or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Admin Dissolution for Annual Report: What You Need to Know post image

Admin Dissolution for Annual Report: What You Need to Know

While filing annual reports may seem like a nuisance, failing to do so can have significant ramifications. These include fines, reputational harm, and interruption of your business operations. In basic terms, “admin dissolution for annual report” means that a company is dissolved by the government. This happens because it failed to submit its annual report […]

Author: Dan Brecher

Link to post with title - "Admin Dissolution for Annual Report: What You Need to Know"
What Is Antitrust Litigation Law? post image

What Is Antitrust Litigation Law?

Antitrust laws are designed to ensure that businesses compete fairly. There are three federal antitrust laws that businesses must navigate. These include the Sherman Act, the Federal Trade Commission Act, and the Clayton Act. States also have their own antitrust regimes. These may vary from federal regulations. Understanding antitrust litigation helps businesses navigate these complex […]

Author: Robert E. Levy

Link to post with title - "What Is Antitrust Litigation Law?"
Dissolving Your Business: Essential Legal Steps to Protect Your Interests post image

Dissolving Your Business: Essential Legal Steps to Protect Your Interests

If you’re considering closing your business, it’s crucial to understand that simply shutting your doors does not end your legal obligations. Unless you formally dissolve your business, it continues to exist in the eyes of the law—leaving you exposed to ongoing liabilities such as taxes, compliance violations, and potential lawsuits. Dissolving a business can seem […]

Author: Christopher D. Warren

Link to post with title - "Dissolving Your Business: Essential Legal Steps to Protect Your Interests"
The Role of Corporate Restructuring in Mergers & Acquisitions post image

The Role of Corporate Restructuring in Mergers & Acquisitions

Contrary to what many people think, corporate restructuring isn’t all doom and gloom. Revamping a company’s organizational structure, corporate hierarchy, or operations procedures can help keep your business competitive. This is particularly true during challenging times. Corporate restructuring plays a critical role in modern business strategy. It helps companies adapt quickly to market changes. Following […]

Author: Dan Brecher

Link to post with title - "The Role of Corporate Restructuring in Mergers & Acquisitions"
Crypto Enforcement: A Former Prosecutor’s Warning to Criminals and the Public post image

Crypto Enforcement: A Former Prosecutor’s Warning to Criminals and the Public

Cryptocurrency intimidates most people. The reason is straightforward. People fear what they do not understand. When confusion sets in, the common reaction is either to ignore the subject entirely or to mistrust it. For years, that is exactly how most of the public and even many in law enforcement treated cryptocurrency. However, such apprehension changed […]

Author: Bryce S. Robins

Link to post with title - "Crypto Enforcement: A Former Prosecutor’s Warning to Criminals and the Public"
Understanding Chattel Paper: A Key Component in Secured Transactions post image

Understanding Chattel Paper: A Key Component in Secured Transactions

Using chattel paper to obtain a security interest in personal property is a powerful tool. It can ensure lenders have a legal claim on collateral ranging from inventory to intellectual property. To reduce risk and protect your legal rights, businesses and lenders should understand the legal framework. This framework governs the creation, sale, and enforcement […]

Author: Dan Brecher

Link to post with title - "Understanding Chattel Paper: A Key Component in Secured Transactions"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!