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DCA Model Statewide Municipal EV Ordinance Now in Effect

DCA Model Statewide Municipal EV Ordinance Now in Effect

Author: Donald M. PepeDate: September 21, 2021

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.

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.

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