[HISTORY: Adopted by the City Council of the City of Atlantic
City as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-18-2022 by Ord. No. 20-2022]
The purpose of this article is to 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 spaces will support
the state's transition to an electric transportation sector,
reducing automobile air pollution, greenhouse gas emissions, and stormwater
runoff contaminants. The goals are to:
A.
Provide adequate and convenient EVSE and make-ready parking spaces
to serve the needs of the traveling public.
B.
Provide opportunities for residents to have safe and efficient personal
EVSE located at or near their place of residence.
C.
Provide the opportunity for nonresidential uses to supply EVSE to
their customers and employees.
D.
Create standard criteria to encourage and promote safe, efficient,
and cost-effective electric vehicle charging opportunities in all
zones and settings for convenience of service to those that use electric
vehicles.
As used in this article, the following terms shall have the
meanings indicated:
The certificate provided for in N.J.A.C. 5:23-2, indicating
that the construction authorized by the construction permit has been
completed in accordance with the construction permit, the act, and
the regulations. See State Uniform Construction Code Act, P.L. 1975,
c. 217 (N.J.S.A. 52:27D-119 et seq.) and regulations adopted pursuant
thereto.
The amount of voltage provided to charge an electric vehicle
varies depending on the type of EVSE as follows:
Level 1 operates on a fifteen- to twenty-amp breaker on a 120-volt
AC circuit.
Level 2 operates on a forty- to 100-amp breaker on a 208- or
240-volt AC circuit.
Direct-current fast charger (DCFC) operates on a sixty-amp or
higher breaker on a 480-volt or higher three-phase circuit with special
grounding equipment. DCFC stations can also be referred to as "rapid
charging stations" that are typically characterized by industrial-grade
electrical outlets that allow for faster recharging of electric vehicles.
Any vehicle that is licensed and registered for operation
on public and private highways, roads, and streets; and operates either
partially or exclusively using an electric motor powered by an externally
charged on-board battery.
The equipment, including the cables, cords, conductors, connectors,
couplers, enclosures, attachment plugs, power outlets, power electronics,
transformer, switchgear, switches and controls, network interfaces,
point-of-sale equipment, and associated apparatus designed and used
for the purpose of transferring energy from the electric supply system
to a plug-in electric vehicle. EVSE may deliver either alternating
current or, consistent with fast-charging equipment standards, direct
current electricity. "EVSE" is synonymous with "electric vehicle charging
station."
The prewiring of electrical infrastructure at a parking space,
or set of parking spaces, to facilitate easy and cost-efficient future
installation of electric vehicle supply equipment or electric vehicle
service equipment, including, but not limited to, Level Two EVSE and
direct current fast chargers. "Make-ready" includes expenses related
to service panels, junction boxes, conduit, wiring, and other components
necessary to make a particular location able to accommodate electric
vehicle supply equipment or electric vehicle service equipment on
a "plug and play" basis. "Make-ready" is synonymous with the term
"charger ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et
seq.).
EVSE that has restricted access to specific users (e.g.,
single- and two-family homes, executive parking fleet parking with
no access to the general public).
EVSE that is publicly available (e.g., park and ride, public
parking lots and garages, on-street parking, shopping center parking,
nonreserved parking, in multifamily parking lots, etc.).
A.
An application for development submitted solely for the installation
of EVSE or make-ready parking spaces shall be considered a permitted
accessory use and permitted accessory structure in all zoning or use
districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
C.
All EVSE and make-ready parking spaces shall be subject to applicable
local and/or Department of Community Affairs permit and inspection
requirements.
D.
The Zoning Official shall enforce all signage and installation requirements
described in this article. Failure to meet the requirements in this
article shall be subject to the same enforcement and penalty provisions
as other violations of the City of Atlantic City's land use regulations.
E.
An application for development for the installation of EVSE or make-ready
spaces at an existing gasoline service station, an existing retail
establishment, or any other existing building shall not be subject
to site plan or other land use board review, shall not require variance
relief pursuant to N.J.S.A. 40:55D-1 et seq., or any other law, rule,
or regulation, and shall be approved through the issuance of a zoning
permit by the administrative officer, provided the application meets
the following requirements:
(1)
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;
(2)
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
(3)
The proposed installation complies with the construction codes adopted
in or promulgated pursuant to the State Uniform Construction Code
Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety standards
concerning the installation, and any state rule or regulation concerning
electric vehicle charging stations.
F.
An application pursuant to Subsection E above shall be deemed complete if:
(1)
The application, including the permit fee and all necessary documentation,
is determined to be complete;
(2)
A notice of incompleteness is not provided within 20 days after the
filing of the application; or
(3)
A one-time written correction notice is not issued by the Zoning
Official within 20 days after filing of the application detailing
all deficiencies in the application and identifying any additional
information explicitly necessary to complete a review of the permit
application.
G.
EVSE and make-ready parking spaces installed at a gasoline service
station, an existing retail establishment, or any other existing building
shall be subject to applicable local and/or Department of Community
Affairs inspection requirements.
H.
A permitting application solely for the installation of electric
vehicle supply equipment permitted as an accessory use shall not be
subject to review based on parking requirements.
A.
Conditions for multiple dwellings.
(1)
As a condition of preliminary site plan approval, for each application
involving a multiple dwelling with five or more units of dwelling
space, which shall include a multiple dwelling that is held under
a condominium or cooperative form of ownership, a mutual housing corporation,
or a mixed-use development, the developer or owner, as applicable,
shall:
(a)
Prepare as make-ready parking spaces at least 15% of the required
off-street parking spaces, and install EVSE in at least 1/3 of the
15% of make-ready parking spaces;
(b)
Within three years following the date of the issuance of the
certificate of occupancy, install EVSE in an additional 1/3 of the
original 15% of make-ready parking spaces; and
(c)
Within six years following the date of the issuance of the certificate
of occupancy, install EVSE in the final 1/3 of the original 15% of
make-ready parking spaces.
(2)
Throughout the installation of EVSE in the make-ready parking spaces,
at least 5% of the electric vehicle supply equipment shall be accessible
for people with disabilities.
(3)
Nothing in this subsection shall be construed to restrict the ability
to install electric vehicle supply equipment or make-ready parking
spaces at a faster or more expansive rate than as required above.
B.
Conditions for parking lots and garages.
(1)
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection A above shall:
(a)
Install at least one make-ready parking space if there will
be 50 or fewer off-street parking spaces.
(b)
Install at least two make-ready parking spaces if there will
be 51 to 75 off-street parking spaces.
(c)
Install at least three make-ready parking spaces if there will
be 76 to 100 off-street parking spaces.
(d)
Install at least four make-ready parking spaces, at least one
of which shall be accessible for people with disabilities, if there
will be 101 to 150 off-street parking spaces.
(e)
Install at least 4% of the total parking spaces as make-ready
parking spaces, at least 5% of which shall be accessible for people
with disabilities, if there will be more than 150 off-street parking
spaces.
(2)
In lieu of installing make-ready parking spaces, a parking lot or
garage may install EVSE to satisfy the requirements of this subsection.
(3)
Nothing in this subsection shall be construed to restrict the ability
to install electric vehicle supply equipment or make-ready parking
spaces at a faster or more expansive rate than as required above.
C.
Notwithstanding the provisions of this section, a retailer that provides
25 or fewer off-street parking spaces or the developer or owner of
a single-family home shall not be required to provide or install any
electric vehicle supply equipment or make-ready parking spaces.
A.
All parking spaces with EVSE and make-ready equipment shall be included
in the calculation of minimum required parking spaces, pursuant to
the City's parking regulations.
B.
A parking space prepared with EVSE or make-ready equipment shall
count as at least two parking spaces for the purpose of complying
with a minimum parking space requirement. This shall result in a reduction
of no more than 10% of the total required parking.
C.
All parking space calculations for EVSE and make-ready equipment
shall be rounded up to the next full parking space.
A.
Location and layout of EVSE and make-ready parking spaces is expected
to vary based on the design and use of the primary parking area. It
is expected flexibility will be required to provide the most convenient
and functional service to users. Standards and criteria should be
considered guidelines and flexibility should be allowed when alternatives
can better achieve objectives for provision of this service.
B.
Installation.
(1)
Installation of EVSE and make-ready parking spaces shall meet the
electrical subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.16.
(2)
Each EVSE or make-ready parking space that is not accessible for
people with disabilities shall be not less than nine feet wide or
18 feet in length. Exceptions may be made for existing parking spaces
or parking spaces that were part of an application that received prior
site plan approval.
(3)
To the extent practical, the location of accessible parking spaces
for people with disabilities with EVSE and make-ready equipment shall
comply with the general accessibility requirements of the Uniform
Construction Code, N.J.A.C. 5:23, and other applicable accessibility
standards.
(4)
Each EVSE or make-ready parking space that is accessible for people
with disabilities shall comply with the sizing of accessible parking
space requirements in the Uniform Construction Code, N.J.A.C. 5:23,
and other applicable accessibility standards.
C.
EVSE parking.
(1)
Publicly accessible EVSE shall be reserved for parking and charging
electric vehicles only. Electric vehicles shall be connected to the
EVSE.
(2)
Electric vehicles may be parked in any parking space designated for
parking, subject to the restrictions that would apply to any other
vehicle that would park in that space.
(3)
Public parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the municipality's police department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a nonelectric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any nonelectric vehicle parked or standing in an EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be is subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of this Municipal Code. Signage indicating the penalties for violations shall comply with Subsection E below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
(4)
Private parking. The use of EVSE shall be monitored by the property
owner or designee.
D.
Safety.
(1)
Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection E below.
(2)
Where EVSE is installed, adequate site lighting and landscaping shall
be provided in accordance with the City of Atlantic City's ordinances
and regulations.
(3)
Adequate EVSE protection, such as concrete-filled steel bollards,
shall be used for publicly accessible EVSE. Nonmountable curbing may
be used in lieu of bollards if the EVSE is set back a minimum of 24
inches from the face of the curb. Any stand-alone EVSE bollards should
be three to four feet high with concrete footings placed to protect
the EVSE from accidental impact and to prevent damage from equipment
used for snow removal.
(4)
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted and shall contain a cord management system as described in Subsection D(5) below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
(5)
Each EVSE shall incorporate a cord management system or method to
minimize the potential for cable entanglement, user injury, or connector
damage. Cords shall be retractable or have a place to hang the connector
and cord a safe and sufficient distance above the ground or pavement
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.
(6)
Where EVSE is provided within a pedestrian circulation area, such
as a sidewalk or other accessible route to a building entrance, the
EVSE shall be located so as not to interfere with accessibility requirements
of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable
accessibility standards.
(7)
Publicly accessible EVSEs shall be maintained in all respects, including
the functioning of the equipment. A twenty-four-hour on-call contact
shall be provided on the equipment for reporting problems with the
equipment or access to it. To allow for maintenance and notification,
the City of Atlantic City shall require the owners/designee of publicly
accessible EVSE to provide information on the EVSE's geographic
location, date of installation, equipment type and model, and owner
contact information.
E.
Signs.
(1)
Publicly accessible EVSE shall have posted regulatory signs, as identified
in this section, allowing only charging electric vehicles to park
in such spaces. For purposes of this section, "charging" means that
an electric vehicle is parked at an EVSE and is connected to the EVSE.
If time limits or vehicle removal provisions are to be enforced, regulatory
signs including parking restrictions shall be installed immediately
adjacent to, and visible from, the EVSE. For private EVSE, installation
of signs and sign text is at the discretion of the owner.
(2)
All regulatory signs shall comply with visibility, legibility, size,
shape, color, and reflectivity requirements contained within the Federal
Manual on Uniform Traffic Control Devices as published by the Federal
Highway Administration.
(3)
Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with Subsection E(2) above.
(4)
In addition to the signage described above, the following information
shall be available on the EVSE or posted at or adjacent to all publicly
accessible EVSE parking spaces:
(a)
Hours of operations and/or time limits if time limits or tow-away
provisions are to be enforced by the municipality or owner/designee;
(b)
Usage fees and parking fees, if applicable; and
(c)
Contact information (telephone number) for reporting when the
equipment is not operating or other problems.
F.
Usage fees.
(1)
Private EVSE. Nothing in this article shall be deemed to preclude
a private owner/designee of an EVSE from collecting a fee for the
use of the EVSE, in accordance with applicable state and federal regulations.
Fees shall be available on the EVSE or posted at or adjacent to the
EVSE parking space.
