[Massplanners] Commercial EV Charging Facilities
Dwight Merriam
dwightmerriam at gmail.com
Thu Oct 10 09:16:21 EDT 2024
https://www.greenlancer.com/post/zoning-for-ev-charging-stations#:~:text=EV%20Charging%20Station%20Zoning%20Regulations,chargers%20are%20a%20primary%20use
.
https://planning.org/publications/document/9266315/
This is from the treatise Prof. Sara Bronin and I author:
https://store.legal.thomsonreuters.com/law-products/Treatises/Rathkopfs-The-Law-of-Zoning-and-Planning-2024-1-ed/p/107035819
*34:13. Charging stations*
Starting around 2010, local zoning regulations have begun to
address charging stations for electric vehicles. Charging stations differ
from traditional gasoline stations in several ways. Because they primarily
require a parking space and a connection receptacle, charging stations do
not have the same negative environmental or aesthetic effects as
traditional gasoline stations. They also do not attract the same volume of
traffic as traditional stations, given the relatively fewer number of
electric vehicles. Similarly, they do not see as frequent traffic, given
that electric vehicles must remain stationary to charge for much longer
than a gasoline-dependent vehicle must. Accordingly, charging stations
require a different, and less restrictive, regulatory scheme than
traditional gasoline stations.
Although as of 2015, there apparently are no reported decisions
where a court has squarely addressed the issue, it would be surprising if
any court found that localities were not enabled to address electric
vehicle charging stations through zoning. Some states have gone beyond the
standard zoning enabling act, however, to encourage or legislate for
charging station regulation at the local level. Washington requires certain
large localities to allow electric vehicle infrastructure within a mile of
certain interstates and state roads and expressly authorizes cities and
counties to adopt incentive programs—such as height bonuses, site coverage,
floor to area ratio, and transferable development rights, among others—to
encourage retrofitting for charging stations.1 <#_ftn1> The state also
requires certain signage for charging stations, which is usually a local
government function.2 <#_ftn2> In addition, Washington has published a
guide for local governments on electric vehicle infrastructure, including a
model ordinance and model development regulations.3 <#_ftn3> As a result,
many Washington localities have adopted zoning regulations addressing
electric vehicles.4 <#_ftn4> Hawaii, an early adopter of electric vehicle
regulation, requires that for every 100 parking spaces in a place of public
accommodation, one must be equipped with an electric vehicle charging
system, and should be designated and marked as such.5 <#_ftn5> California
prohibits private entities, such as homeowners' associations and landlords,
from unreasonably restricting the installation of electric vehicle charging
stations.6 <#_ftn6> Maryland has commissioned a full report on electric
vehicle infrastructure, which suggests that local governments permit and
regulate on-street charging, require charging stations in new developments,
and include siting and design guidelines for charging stations.7 <#_ftn7>
Some localities require or encourage electric vehicle charging
stations under certain circumstances. Auburn Hills, Michigan, which happens
to be the home of the automobile manufacturer Chrysler, has “strongly
encouraged” both residential and nonresidential properties to provide a
“medium-charging” 220-240-volt/40 amp outlet on a dedicated circuit, to
minimize the cost of retrofitting.8 <#_ftn8> Covena, California, provides
for expedited review and approval of electric charging stations.8.50
<#_ftn9> Montgomery County, Maryland, requires that one parking space for
every 100 parking spaces in certain new developments be made ready for
electric vehicle charging, though it does not require the charging station
to be activated.9 <#_ftn10> Hartford, Connecticut, requires one electric
vehicle charging station for every 35 parking spaces in any residential,
lodging, government, office, or industrial development and requires that
assembly, stadium, retail, service, and transit station uses to be wired to
support a Level 2 charging stations or have Level 1 charging stations
installed.9.50 <#_ftn11> Coral Gables, Florida, requires, for both
residential and nonresidential developments with 20 or more off-street
parking spaces, that a minimum of two percent of the required off-street
parking spaces be reserved for electrical vehicle parking, and that there
be an electrical charging station for each space, with a minimum of one
space reserved for electrical vehicle parking.9.70 <#_ftn12> All new
multi-family, mixed-use, or hotel developments with 20 or more units must
provide access to 240 volt capability throughout the garage to offer
charging opportunities to residents and guests. Some localities distinguish
between slow and medium stations, and rapid charging stations with
industrial grade electrical outlets. Chelan, Washington, permits slow and
medium charging stations in all zoning districts, and allows the faster
charging stations in industrial, highway service commercial, and public
land districts as of right, while requiring a permit in the downtown,
tourist, and waterfront areas.10 <#_ftn13> Chelan has standards regarding
signage, accessibility, lighting, and equipment, but allows the planning
director to deviate from the requirements “[d]ue to the fact the technology
associated with electric vehicles, batteries and electric vehicle charging
stations is relatively new and is anticipated to change, and that there is
a lack of municipal experience on consumer and community preferences and
attitudes with regard to electric vehicles.”11 <#_ftn14>
Electric vehicle requirements may be imposed by localities to
mitigate environmental concerns such as climate change, and these may be
subject to court challenges.12 <#_ftn15>
------------------------------
1 <#_ftnref1> Wash. Rev. Code Ann. §35.63.127 & §35A.63.107.
2 <#_ftnref2> Wash. Rev. Code Ann. §46.08.185.
3 <#_ftnref3> Wash. Dep't of Commerce, Electric Vehicle Infrastructure: A
Guide for Local Governments in Washington State (2010).
4 <#_ftnref4> For a full list, see the electric vehicle related resources
available on the Municipal Research & Services Center website, at
www.mrsc.org.
5 <#_ftnref5> Haw. Rev. Stat. §291-71.
6 <#_ftnref6> See Cal. Civil Code §1947.6 (dealing with tenant rights to
install electric vehicle charging stations, with some exceptions); Cal.
Civil Code §1952.7 (voiding lease terms in commercial properties that
“either prohibits or unreasonably restricts” charging station
installations); Cal. Civil Code §§4745 & 6713 (invalidating covenants,
restrictions, or conditions in deeds that “effectively prohibits or
unreasonably restricts the installation or use of an electric vehicle
charging station in an owner's designated parking space”).
7 <#_ftnref7> Md. Electric Vehicle Infrastructure Council, Final Report to
the Governor and Maryland General Assembly 27 (2012).
8 <#_ftnref8> Auburn Hills, Mich., Zoning Ordinance §1834 (recommending
that the typical parking lot of less than 1,000 parking spaces have 2% of
total parking spaces prepared for charging stations).
8.50 <#_ftnref9> *14.04.211 Expedited permitting process for electric
vehicle charging stations.*
A. Applicability. This section applies to applications for
expedited building permits for electric vehicle charging stations
consistent with California Government Code Section 65850.7.
B. Definitions. The following definitions shall apply for
purposes of this section:
Please verify that this list is not a continuation of the previous list and
is really the beginning of a new list
1. “Electric vehicle charging station” or “charging station”
means any level of electric vehicle supply equipment station that is
designed and built in compliance with Article 625 of the California
Electric Code, as it read on January 1, 2016, and delivers electricity from
a source outside of an electric vehicle into a plug-in electric vehicle.
2. “Electronic submission” means a submission of an application
utilizing email, the internet, and/or facsimile transmission.
3. “Specific, adverse impact” means a significant,
quantifiable, direct, and unavoidable impact, based on objective,
identified, and written public health or safety standards, policies, or
conditions as they existed on the date an application was deemed complete.
C. Process.
Please verify that this list is not a continuation of the previous list and
is really the beginning of a new list
1. The building official shall adopt a checklist of all
application requirements for expedited building permits for electric
vehicle charging stations. The checklist shall substantially conform to the
most current version of the “Plug-In Electric Vehicle Infrastructure
Permitting Checklist” found in the “Zero-Emission Vehicles in California:
Community Readiness Guidebook” published by the Governor's Office of
Planning and Research. The checklist, application form, and any other
documents required by the building official shall be published on the
city's website.
2. Anyone seeking to install an electric vehicle charging
station at any site within the city shall apply to the building official
for an expedited nondiscretionary building permit.
3. An application for an expedited building permit for an
electric vehicle charging station, and all associated documentation, may be
submitted to the building official in person, by mail, or by electronic
submission. Electronic signatures may be used in lieu of wet signatures.
4. An application that, in the opinion of the building
official, satisfies the information requirements of the checklist adopted
by the city shall be deemed complete.
5. If an application for an expedited building permit is deemed
incomplete, the building official shall provide a written correction notice
of the deficiencies and the additional information required to complete the
application.
6. If the building official determines that an application for
an expedited building permit is complete, the building official shall
review the application. If the building official determines that the
proposed charging station meets all health and safety requirements of state
and federal law, and would not have a specific, adverse impact upon the
public health or safety, the application shall be approved and a building
permit shall be issued.
7. If the building official finds, based on substantial
evidence, that a proposed charging station could have a specific, adverse
impact upon the public health or safety, the city may require the applicant
to apply for an electric vehicle charging station use permit in order to
install the proposed charging station.
8. An application for an electric vehicle charging station use
permit shall be reviewed by the building official. The building official
shall not deny such an application without making written findings, based
upon substantial evidence in the record, that the proposed charging station
would have a specific, adverse impact upon the public health or safety
which could not feasibly be satisfactorily mitigated or avoided. The
written findings required for rejection of an electric vehicle charging
station use permit application shall include the building official's basis
for rejecting any potentially feasible alternatives that could mitigate or
prevent the alleged adverse impact. Pursuant to Government Code Section
65850.7, the building official's review shall be limited to health and
safety issues. Aesthetic concerns or other items not related to public
health or safety may not be considered.
9. A decision of the building official made pursuant to
subsections (C)(6) through (8) of this section may be appealed to the
planning commission. The planning commission's review shall also be limited
to health and safety issues.
10. Any condition imposed on an application for an expedited
building permit or electric vehicle charging station use permit shall be
designed to mitigate the specific, adverse impact upon health and safety at
the lowest possible cost.
D. Fees. The city council may establish by resolution fees that
shall be charged for permits issued under this section. (Ord. 18-06 § 3,
2018; Ord. 17-11 § 3, 2017.)
A proposed project in Covena of 52 townhomes, four live-work units, 8,000
square feet of retail space, and a 4,800-square-foot gallery, included
rooftop solar energy and a 220-volt electric vehicle charging station for
each unit. Covina Residents for Responsible Development v. City of Covina,
21 Cal. App. 5th 712, 230 Cal. Rptr. 3d 550 (2d Dist. 2018).
9 <#_ftnref10> Montgomery County, Md., Zoning Ordinance §59-E-2.24.
9.50 <#_ftnref11> Hartford, Conn., Zoning Ordinance §7.2.2.E.
9.70 <#_ftnref12> City of Coral Gables Official Zoning Code, Article 5,
"Development Standards," Section 5-1409, "Amount of Required Parking"
(Adopted January 9, 2018).
10 <#_ftnref13> Chelan, Wash., Municipal Code §17.63.010 to 17.63.050
(defining slow stations as operating on a fifteen to twenty amp breaker on
a 120-volt AC circuit, medium stations as going up to a 208 amp breaker or
240-volt AC circuit, and fast stations with higher limits).
11 <#_ftnref14> Chelan, Wash., Municipal Code §17.63.040.
12 <#_ftnref15> See, e.g., Sierra Club v. County of San Diego, 231 Cal.
App. 4th 1152, 180 Cal. Rptr. 3d 154 (4th Dist. 2014), review denied, (Mar.
11, 2015) (noting that a planning commission facilitated electric vehicle
charging stations to help mitigate the effect of human activity in that
city on climate change, although such action [along with others] did not
render county complaint with state environmental law); California Clean
Energy Committee v. City of Woodland, 225 Cal. App. 4th 173, 208 n.6, 170
Cal. Rptr. 3d 488 (3d Dist. 2014) (stating that the court would not
consider a mitigation measure involving among other things electric vehicle
charging facilities imposed on a developer pursuant to the California
Environmental Quality Act, due to an insufficient showing that such
measures were relevant to the question of energy impacts of the project).
As to historic preservation, see:
https://www.boston.gov/news/electric-vehicle-charging-ports-historic-district
https://malegislature.gov/Bills/193/H1303/House/Bill/
https://www.achp.gov/digital-library-section-106-landing/exemption-historic-preservation-review-electric-vehicle-supply
https://www.federalregister.gov/documents/2022/11/02/2022-23854/exemption-from-historic-preservation-review-for-electric-vehicle-supply-equipment
Prof. Bronin chairs ACHP.
Regards,
Dwight Merriam, FAICP
*dwightmerriam at gmail.com* <dwightmerriam at gmail.com>
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On Wed, Oct 9, 2024 at 2:09 PM Sarah Clark via MassPlanners <
massplanners at masscptc.org> wrote:
> Do any exemptions from municipal regulatory review or zoning setback
> requirements exist for the installation of a commercial (for profit) EV
> charging facilities/stations?
>
> If not, how do other Towns regulate setbacks for these structures and the
> accessory equipment, i.e. transforms, payment kiosks, etc.?
>
>
>
> Additionally, if the units are proposed to be placed in a local historic
> district are there any guidelines, restrictions or prohibitions in your
> town?
>
>
>
> Sarah Clark
>
> Central Permitting Planner
>
> Town of Chatham
>
> Community Development Department
>
> 261 George Ryder Road
>
> Chatham, MA 02633
>
> 508-945-5168
>
> sclark at chatham-ma.gov
>
>
> --
> MassPlanners mailing list
> MassPlanners at masscptc.org
> http://masscptc.org/mailman/listinfo/massplanners_masscptc.org
>
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