Electric Vehicle Charging Stations Count As Two Parking Spaces For Site Plan Applications

By: Robert C. Shea II, Esq. of R.C. Shea & Associates

Did you know that there is a way to circumvent parking requirements for any commercial construction in New Jersey and remain variance free? In 2021 Governor Murphy signed into law the Electric Vehicle Charging Station Law (“the Act”). This Act seeks to incentivize property owners to install Electric Vehicle Charging Stations (“EVCS”) to offer charging services to electric vehicles (“EVs”). The Act also updated the Municipal Land Use Law’s (“MLUL”) definition of “inherently beneficial use” to specifically include that of EVCS.

These “incentives” occur through numerous different means. First, the Act allows all EVCS’ to be considered permitted accessory uses to structures within your municipalities zoning districts. This means that you will never need to seek a “variance” from the Planning or Zoning Board for the construction of an EVCS.

Second, for multiple dwelling developments, the Act also requires that the developer to provide 15% of the proposed parking spaces as “Make-Ready.” A Make-Ready space is pre-wired with the electrical infra- structure to facilitate the future installation of an EVCS.

Last and most important, an EVCS and/ or Make-Ready parking space will count as two spaces when calculating a development’s compliance with minimum parking requirements, up to a maximum 10% reduction. This means that if a developer is having a problem remaining variance or waiver free due to required parking standards in their subject zone, then the installation of an EVCS and/or Make-Ready parking space may cut their parking obligations in half. Using the Act to your advantage in such a manner could be the determining factor as to whether you receive an approval or denial at a local Planning or Zoning Board.

Please contact the attorneys at R.C. Shea & Associates (732) 505-1212 for all your Land Use Planning needs.

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