[AN ORDINANCE OF THE TOWNSHIP OF BRICK, COUNTY OF OCEAN, STATE OF NEW JERSEY AMENDING CHAPTER 245 TO AUTHORIZE AND ENCOURAGE ELECTRIC VEHICLE SUPPLYISERVICE EQUIPMENT (EVSE) & MAKE-READY PARKING SPACES WHEREAS, the Mayor and Council have strived to provide leadership in ‘supporting the transition lo electic vehices contibutes to Township of Brick’ ‘commitment to sustainabity and isin the best intorest of publc welfare, and WHEREAS installation of EVSE and Make-Ready parking spaces encourages electric vehicle adoption; and WHEREAS the Township of Brick encourages increased instalation of EVSE and Make Ready parking spaces; and WHEREAS, creating an EVSE and make ready parking spaces can improve the ‘quaity of fe nthe Township, attract businesses to the Township, and encourage the purchase of electic vehicies; and WHEREAS, creating and EVSE and make reat parking spaces addresses potential zoning conficts and offers consistent standards; and WHEREAS adoption ofthis ordinance supports the State of New Jersey's goals to reduce air polutants and greenhouse gas emissions from the transportation sector as ‘outlined and supported. by various programs related to Nu's 2019 Energy Master Pian, Global Warming Response Act (P.L-2007, c.112 (C.26:20-37 etal), and EV Law (PL. 2019, c. 362); and WHEREAS P.L. 2021, ¢.171, which Governor Murphy signed into law on July 8, 2021, requires EVSE and Make-Ready parking spaces be designated as a permitted ‘accessory use in all zoning or use districts and establishes associated installation and parking raquirements, and WHEREAS atoption ofthis ordinance will ayppor the Master Plan of Townehip of ‘Brick adopted in concurrence wth PL. 1975 c. 281, s. eff. Aug, j, 1979, ands consistant with goals. and objectives as outlined inthe last Reexainination report dated ‘August 22, 2018; specicaly, on page 9 under #3. Environment ~ (4) To encourage fenergy and water conservation polices. through techniques as applied in Site Plan and ‘Subdivision Review and other governmental. action. Additionally, adoption of this ‘ordinance wil (1) Implement tre Green Buliing and Sustainability Element adopted on March30, 2046 to guide local policies to increase eustainabilty within the Tovmship of Brick by encouraging efforts o increase coastal resiliency, promote energy efciency and the use of renewable energy, and create a sustainable, healthy community wth high ‘quality of life for residents and visitors through Eneray Conservation and Renewable Energy Production; Land Use, Groon Building Design and mors: and WHEREAS, the Township of Brick encourages greater ownership and use of electric vehicles, thus the Township of Brick is amanding the Land Use Development Gidinance to establish standards and regulations for the safe and efficient instalation of EVSE and Make-Ready parking spaces at appropriate locations. NOW, THEREFORE, BE IT ORDAINED, by the Township Councl of Township of Brick, County of Ooean, State of New Jersey that Capter 245 is hereby amended to ‘establish regulations apalicable to Elect Vehicle Suppiy/Service Equipment SECTION 1. The Township Counc ofthe Township of Brick does hereby amend Chapter 246-3 caploned "Detritons" to adopt definitions which shal ead as folons: ‘Charging Level The amount of voltage provided to charge an elctic vehicle ‘varies depending on the type of EVSE as folows:4. Level 1 operates ona fiteen (18) to twenty (20) amp breaker on a one hundred twenty (120) volt AC circu 2. Level? operates on a forty (40) to one hundred (100) amp breaker on a wo ‘huneed eight (208) or two hundred forty (240) volL AC elcult. 8, _Direct-curent fast charger (OCFC) operates on a vty (60) amp or higher breaker on a four huncied eighty (480) vot or higher three phase circuit with special grouncing equipment. DCFC stations can also be referred to a rapid. charging stations that are typically charactefized by industrial grade electrical outlets that allow for faster recharging of electric vehicles Electric Vehicle: Any vehicle thats licenced and registered for operation on public, and private highways, roads, and steeis; and operates either partially or exclusively Using an electric motor powered by an externally charged on-board battery. Electric Vehicle Supplv/Service Equloment or (EVSE) The equipment, including the cables, cords, conductors, connectors, couplers, enciosures, attachment plug, ower outlets, power electronics, transformer, switchgear, switches and contol, hetwork interfaces, point of sale equipment, and associated apparatus designed and Used for the purposa of transferring energy from the electro supply systom to a plug-in ‘electric vehicts, "EVSE” may deliver ether alternating current or, consistent with fast ‘charging equipment standards, diect current electrcty. EVSE" is synenymous with “electric. vehicle charging station.” Make-Ready Parkina Space: means the pre-wing of electcal inrastucture at a parking. space, or st of parking spaces, to feciiiate easy and cost-ofcent future Installation of Electric Vehicle Supply Equipment or Electric Vehicle Service Equipment, Including, Bt not limited to, Level Two EVSE and direct current fest chargers. Make Ready includes expenses related to service panels, junction boxes, conduit, wing, and ‘other components “necessary to make a parteular location able to accommodate Electic Vehicle Supply Equipment or Electric Vehicle Service Equipment on a “plug and play" basis, “Make Ready’ is synonymous wih the term ‘charger ready," as used in P.L.2019, 362 (6.48:26-4 etal) Private EVSE: EVSE that has resticted access to specific users (a, single and ‘two-family homes, executive parking fleet parking with no access fo the general publo)An electri vehicle charging station thats (1) privately owned and restricted fccess (0.9 single-family home, executive parking, designated employee parking) or 2) publicly owned and restricted (e.g, leet parking with no access to the general public). An EV charging station that fe not avellable for use by the general public. Examples include ‘lectric vehicle charging stations that serve residential homeowners or renters, executive parking areas, designated employee parking areas and fleet parking areas. Publicy-acoeesible EVSE: EVSE thats publity avaliable (2g, park & ice, public parking o's and_ garages, on-street parking, shopping center parking, nor-reserved parking a mult-family parking lts, ete) An electrc vehicle charging station thatis (4) Publicly owned and publicly avallable e.g.,park & ride parking, pubic brary parking lt, ‘on-strast parking) oF (2) privately owned! an available to vistors of the use (e. ‘commercial parking). Aan EV charging station that fs accessible to and availabe for use by the publi SECTION 2. The Township Council ofthe Township of Brick does hereby amend ‘Chapter 245-250 to adopt an EV checklst applicable to Electric Vehicle Supply/ Service Equipment, The checklist shall read as follows: ELECTRIC VEHICLE ING STATION, ist ‘COMMERCIAL/ MULT. — AMI REVISED 9/15/224. Must mest all Uniforn Construction Code - NJAC. 5:23, requirements Yes |No__ 7, Signage for EVSE and Wake Ready spaces musibe siown on tho plan in detail Including cimensions. Yes | No 3. Wayfinding signs should also be shown on the pian indetall =| Yes___| No__ 7%, Four ius size SurveyalSie Plans to stale showing all dimensions of proposed structures, conduits, and electrical power | yu | y source (8) (adequate site lighting and landscaping shall be — [Ne provides) 5, Plans must show EVSE & Make Ready spaces, dimensions of [ye, | no spaces and equipment locations on the plan clearly with detals. — |N— 6, Impact protection (concrete-fled steel bollards) need to be Installed for accessible EVSE. Nor-mountable curbing may be used ifthe EVSE is setback a minimum of 24 inches from the face of the ‘cura. Any stand-alone EVSE bollards should be 310 4feet high No__ ‘with concrete footings placed to protect the EVSE 7. Site lighting and landscaping must be shown on the plans,if | yee | yy applicable. — [No €. Handicapped parking spaces for EV must be shown on the plans | y, fn in detail in accordance with the NU regulation, fes__ | No_. 9, Two (2) copies of brochure OR Manufacture specifications for Charging Station i LS 70, Pavement, Curbing and Sidewalk restoration detais, as Yo. lw applicable se 11. EV Charging Station shallnotbe located within any existing yay | sight langle a 42.EV Charging Station shall not be located within any ADA Ye Ne Pathway et oe PLEASE NOTE: THIS IS A GUIDE ONLY. IT IS NOT A SUBSITUTE FOR ‘A KNOWLEDGE OF THE STATE AND LOCAL REGULATIONS. THE UNIQUE NATURE OF SOME CONSTRUCTION PROJECTS CAN "REQUIRE ADDITIONAL INFORMATION OR APPROVALS. SECTION 3, The Township Council ofthe Township of Brick does heret Chapter 245 Article XXXV captioned "Parking, Loading and Vehicular Access.” The ‘amendments #9 Chapter 248 Adicle XXXV shal road as follows: 245-311.1, ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT Purpose “The purpose of this ordinance isto promote and encourage the use of electric. vehicles by” requiring the safe and efficient installation of EVSE and Make-Ready parking Spaces. through municipal parking regulations and other standards. EVSE and Make- Ready. parking spaoes will suppor the State's transition to an electri transportation Sector, reducing automobie ai pollution, greenhouse gas emissions, and storm water runoff’ contaminants,‘The goals ae to 1, Provide adequate and convenient EVSE and Make-Ready parking spaces to serve the needs ofthe traveling public, 2, Provide opportunities for residents to have safe and efficient personal EVSE located at or near their place of residence: 3, Provide the opportunity for non-residential uses to supply EVSE to their ‘customers and employees; 4, Create standard criteria to encourage and promote safe, efficient, and cost ‘effective electric vahile charging opportunties in all zones and setings for ‘convenience of service to those that use electic vehicles. 248-311.2, APPROVALS AND PERMITS, 1. An application for development submited solely forthe installation of EVSE or Make- Ready parking spaces shall be considered a permited ‘accessory use and permitted accessory structure in all zoning or use tletriots and shall not require variance pursuant to C.40:38D-70. 2, EVSE and Make-Ready Parking Spaces installed pursuant to Section D. below in development applications that are subject to ste plan approval are considered a permitled accessory use as desctied in 4. above. 3. AILEVSE and Make-Ready parking spaces shall be subject to ‘applicable local andlor Department of Community fairs permit anc Inspection requirements, 4, The administrative offcialzoning officer shall enforce all signage and Installation requirements described inthis ordinance. Failure to meet the requirements in this ordinance shal be subject to the same fenforcement and penalty provisions as otter viations of Township of Bricks land use regulations. 5, An application for development forthe installation of EVSE or Make- Ready spaces at an existing gasoline sorvice station, an existing retail cestablshment, or any other existing buling shall not be subject to ste plan or other land use board review, shall not require variance relief pursuant to C.40:650-1 et sea. or any other lav, rule, of regulation, and ‘hal be approved through tho issuance of a zoning petit bythe ‘administrative offices, provided the application meets the following requirements: 1 the proposed instalation does not violate bulk requtements applicable to the property ofthe conditions ofthe orginal tinal approval of he site plan or subsequent approvals forthe existing gasoline service station, ‘all establishment, or other existing building, b, allother concitions of priar approvals forthe gasoline service station, the Existing real establishment, or any otter existing bulding continue io be met, and ‘2, the proposed installation complies wit the construction codes adopted In of promulgated pursuant othe "State Uniform Construction Code Ack” PLA975, 6217 (C.52:270-119 et sea), any safety standards ‘concerning the’ instalation, and any State rule or reguiation concerning electric vehicle charging stations. 68, An application pursuant to Section. above shall be deemed complete it ‘a the application, including the permit fee and all necessary documentation, i¢ determined to be complete;b.anotice of incompleteness is not provided within 20 days after the fling (of the application; or a onetime witten comection netic isnot issued by the administrative fficla/zaning officer within 20 days after fling of the application {etaling all deficiencies in the appication and identifying any adciional information explcity necessary to complete a review of the permit ‘application, 7. EVSE and Make-Ready parking spaces installed ata gasoline service station, an existing retal establishment, or anyother existing building shal be subject te applicable local andior Department of Community Affairs inspection requiremonts 8, Aparmiting application solo forthe installation of electric vehicle supply ‘equipment permitted as an accessory use shall not be subject to review based on parking requirements. 245.211.3. REQUIREMENTS FOR NEW INSTALLATION OF EVSE AND MAKE- READY PARKING SPACES. 1, As a condition of preliminary ste plan approval, for each application invoving a ‘multiple dwelling with fve or more units of dwelling space, which shall include ‘a multiple dwelling thats held unde: a condominium or cooperative form of ‘ownership, a mutual housing corporation, ora mixed-use development, the developer or onmer, as applicable, shal: a, prepare as Make-Ready parking spaces at least 15 percent ofthe Fequired off-street. parking spaces, and Install EVSE in at least one-third ofthe 15 parcent of Make~ Ready parking spaces. within three years following the date ofthe issuance of the certificate of ‘occupancy, Inetall EVSE in an adeitional one-thitd of the original 15 percent of Make-Ready parking spaces; and ‘within 8x years following the date ofthe issuance ofthe cetfiate of ‘occupancy, instal EVSE in the final one-thid ofthe original 15 percent ‘of Make-Ready parking. spaces. 4. Throughout the instalation of EVSE in the Make-Ready parking spaces, atleast five percent ofthe electric vehicle supply equipment shall be ‘accessible fer people wih cisabiities. Nothing in ths subsection shall be construed to restrict the ability to Install electric vehicle supply equipment or Make-Ready parking spaces ata fastor or more expansive rate than as required above, 2. Asa condition of preliminary site plan approval, each application involving a parking lot or garage not covered in 1. above shal! a. Install at least one Meke-Ready parking space if there willbe 50 or fewer oftstreet parking spaces; b. install at least two Make-Ready parking spaces f there willbe 61 to 75 off-street parking spaces: . Install atleast three Make-Ready parking spaces if there willbe 76 to 100 of-treet parking spaces: 6. instal at least four Make-Ready parking spaces, atleast one of which shall be accessible for people with disabilities, i there willbe 101 to 150 off-street parking spaces; 6. instal atleast four percent of the total parking spaces as Make-Ready parking spaces, at least va percent of which shall be accessible for people with disabilies, there wil be more than 150 off-street parking spaces; + Inlleu of installing Make-Ready parking spaces, a parking lot or garage ‘may install EVSE fo satlsty the requirements of this subsection;19. Nothing in this subsection shall be construed to restrict the ability to Install electri. vehicle supply aquipmant or Make-Ready parking spaces ata faster of more expansive rate than as required above; hh. Notwithstanding the provisions ofthis Section, a retail that provides 25 or fewer off treat parking spaces or the developer or owner of single- family home shall ot be required to provide or install any electric, vehicle supply equipment or Make- Ready parking spaces. 248.311.4 MINIMUM PARKING REQUIREMENTS 1. Allparking spaces with EVSE and Make-Ready equipment shal be inciuded in ‘the’ calculation of minimum required parking spaces, pursuant to section| number for Parking Requirements § 208-2 and parking space standards and requirements, Amended 3-24- 1981 by Ord. No. 388-A-81 and Land Development Ordinance Section 245-310-311 2. Aparking space propared with EVSE or Make-Ready equipment shall count as, atleast two parking spaces forthe purpose of complying with a minimum parking space. requirement. This shal result in a reduction of no more than 10, percent of the total required parking 3, All parking space calouations for EVSE and Make-Ready equipment shall be rounded up to the next full parking space 4, Additional installation of EVSE and Make-Ready parking spaces above what fs required. in Section D. above may be encouraged but shal not be required in davelopment projec, 245-311.5, REASONABLE STANDARDS FOR ALL NEW EVSE AND MAKE-READY PARKING SPACES 4. Location and layout of EVSE and Make-Ready parking spaces is expected to vary based on the design ang Use ofthe primary parking area. itis expected fexlity will be required to provide the most convenient and functional service tousers. Standards and exeria should be considered guidelines and flexBilly should be alloved when altematives can better achieve objectives for provision of this service. 2. Maintenance. : Charging station equipment shall be maintained in all respects, Contact information, such as a phone number, shall be provided on the charging station equipment for reporting purooses when the equipment is not functioning correctly, or other equipment problems are encountered 4, Lighting: Where charging staton equipment is Installed, adequate site lighting bo provided in accordance with Township code. Chapter Adopted by the ‘Township Council of the Township of Brick 6-20-1972 by Ord. No, 199-72 (Ch, 213 of the 1989 Code) 4, Instalation: 2. Installation of EVSE and Make-Ready parking spaces shall meet the electrical subcode. of the Uniform Construction Code, NA. §:23-3.16. b. Each EVSE or Make-Ready parking space that is not accessible for people vith dieabiities shall be not less than 10 feet wide or 18 feet in length, Exceptions may be made for existing packing spaces or parking spaces that were part of an application that received prior site plan approval . Allnew development and redevelopment parking stall must meet ‘dimensions of 10'x 18to provide adequate space fot equipment. 4. If development exceeds fen (10) or more recuired EVSE and Make Ready Parking Spaces drive island areas may be utlized and/or encroached upon {for installation of equipment fe. To the extent practical, the location of accessible parking spaces for people wih’ dsabiliies with EVSE and Make Ready equipment shall comply withthe general accessblly requirements ofthe Uniform Construction Code, NJAC. 5:23, and other applicable accessiblty standards. {High and Low limit of EVSE and Make Ready equipment shall be ne more than 6ftin height and no less than St height 9. Coloration of handicap accessible parking spaces for people with disabilities shallbe_ represented by combined Green & Blue Striping in order to designate handicap assessable EVSE and Make Ready parking h, EVSE and Make Ready Parking equipment must not be installed or impede Into the designated 10%18 parking area |. Each EVSE or Make-Ready parking space thats accessibe for people with lisabilties_ shall comply withthe sizing of accessible parking space requirements in tha Uniform Construction Code, NulAC. 6:28, and other applicable accessibility standards. EVSE Parking 12, Publicly accessible EVSE shall be reserved for parking and charging ‘lectic vehicles only. Electric vehicles shall be connected to the EVSE. ‘Tho use of time limits is optional and shall be determined by the owner Electric vehicles may be parked in eny parking space designated for parking, subject to the restrictions that would apply to any other vehicle that would park in that space, Public Parking, Public Parking, Pursuant to NISA 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the municpaity’s police ‘department and enforced in the same manner as any other parking. itshall be a violation of this Section to park or stand a non- electric vehicle in such a space, orto park an electric vehicle in such a space when itis not connected to the EVSE. Ary non-electric vehicle parked or stancing in a EVSE parking ‘space, or any electric vehicle parked and not connected to the EVSE shail be is subject to ine andlor impoundment ofthe offending vehicle as described in the general. penalty provisions of this Municipal Code of Section § 306-3 Vielations and penalties. {Signage indicating the penalties for violations shall comply with Section 5. below. Any vehicle parked in such a space shall make the appropriate payment forthe space and coserve the time limit forthe underying parking area, if applicable. Private Parking, The use of EVSE shal be monitored by the property owner or designee, Safety ‘8. Each publely acoossible EVSE shal be locates ata parking space thatis Gosigratod for eloctric vices onl and dered by green patted pavement andr eu. markings, @ green painted charging pctograph Shmbol, and appropiate signage pursuae o Sean. below », Whore EVSE e nctaliod, adequate sto ighitg and andscaping shall be provided in actordance in Tounenip of Bex ordinanoes ae Fegulations . Adoauate EVSE protectin such 2s concrete seo bollards shall be cea Tor pubic aovesoble EVSE. Non-mountabi curbing ay be used in Tos ottolads ? the EVSE ls setoac a minim of 24inehes om the {Sosaf te cut. Any siand- alone EVSE bolards shouldbe 30 eet Nh With conerote footings placed to protect the EVSE ftom accidental mpact nd ie prevent damage fom equlpment used or snow removal 4. VBE sutets and eornactor devises shal be no less than 38 sihes ard no Figher than 48 ncnoe fom the pround or avervent surface where ‘Reon ond shal cortana co" management systory as described ne Bobo Equpment mounted on pedestals, ightrg poss, blarés, or aerdovices shall be designated an¢ located as to not impede pedestrian travel, cereale trip hazards on sidewalks, or impede snow removal fe. Each EVSE shall incorporate a cord management systom of method to ‘minimize the potential for cable entanglement, user injuy, of connector damage. Cords shall be cetractable or have a place to hang the connector land cord a safe and suffcient distance above the ground or pavemont Surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area, Where EVSE ls provided within a pedestrian circulation area, such as a sidewalk or other accessible route fo a building entrance, the EVSE shall be located so as not fo interfere with accessibilty requirements of the Uniform Construction Code, NLA. 5:23, and other appicable ‘accessibity standards, (9, Publicly accessible EVSEs shall be maintained inal respects, including the functioning ofthe equipment. A 24-hour on-call contact shall be provided on ‘the equipment for reporting problams withthe equipment or access to it. To allow for maintenanos and notication, Township of Brick shall requle the ‘ownersidesignee of publicly accessible EVSE to provide information on the EVSE's geographic location, dato of incallaton, equipment type and ‘model, and owner contact information, 245.311.6 SIGNS. 1 Publicly accessible EVSE shall have posted regulatory signs, as identified in this. section. allowing only charging electric vehicies to park in such spaces. For purposes ofthis section, "charging’ means that an electric veicle is parked at anEVSE and is echnectod to the EVSE. I time ils or vehicle Femoval provisions are to be enforced, regulatory signs including parking Testritions shall be Installed immediately adjacent to, and visible from the EVSE. For pilvate EVSE, installation of signs and sign text isa the discretion of the owner. ‘All regulatory signs shall comply with visibility, lopibity, size, shape, color, and feflecivty requitements contained within the Federal Narwal on Uniform Traffic Control Devices as pubilsned by the Federal Kighway Administration, Wayfinding or directional sins, necessary, shall be permitted at appropriate decision points to effectvely guide motorists to the EVSE parking space(s) Wayfinding or directional signage shal be placed in a manner that shall not interfere with any parking space, crve lane, or ext and shall comply with b above. Birectional signage must be limited to ne more than two (2) signs per location of instalation ‘Sign requirements shall be as per Acie XXXVI, § 245-542 et seq, ofthis Chapter Rolling andlor illuminated signaco is nat permite. Each individual parking must adhere tothe sign requirements of one (1) 18% 42" sign per parking stall. Each parking stall sigh must be incorporated on existinginstaled equipment. In addition to the signage described above, the following information shall be avalable on tha EVSE of pasted at or adjacent to all publiciy accessible EVSE parking spaces: {Hours of operations anor time limits if time mits or tow-away provisions fare to be enforced by the municipality or owneridesignee; . Usage foes and parking fees, applicable; and Contact information {telephone number) for reporting when the equipment {snot operating or ather problems, 245.311.7. USAGE FEES, Private EVSE: Nothing in this Ordinance shall be deemed to preclude a private ovmer /designee of an EVSE from collecting fee forthe use of theEVSE , In accordance with applicable State and Federal regulations. Fees shall be available on the EVSE or posted at or adjacent io the EVSE parking space. SECTION 4, All ordinances or parts thereof, which are inconsistent with the provisions of this Ordinance, are hereby repealed to the extent oftheir Inconsistencies. SECTIONS. In the event any section, part or provision of this Ordinance shall be held unconstitutional or invalid by any Court, such holcing shall not affect the vaicity of this Ordinance or ary remaining part ofthis Orcinance other than the part held ‘unconstitutional or inva SECTION 6, This ordinance shall take effect after second reading and publication as required by lav. NOTICE NOTICE IS HEREBY GIVEN thatthe foregoing ordinance was introduced ana passed by the Township Committee on fist reading at 2 meeting of the Township ‘Committee of the Township of Brick held on the 11 day of October 2022, and wil be ‘considered for second reading and tinal passage at a regular meeting ofthe Towrship ‘Committee to be held on the 8 day of November 2022, at 7:00 p.m., atthe Municipal Building, located at 401 Chambers Bridge Road, Brick, New Jersey, at which time and place any persons desiring to be heard upon the same wil be given the opportunity to be so heard, (YNNETTE A. [ANNARONE TOWNSHIP CLERK JOHNG, DUCEY mayor