[Adopted 10-29-2019 by G.O. No. 2144; amended in its entirety 11-23-2021 by G.O. No.
2229]
A.
This article shall be known hereinafter as "the Electric Vehicle
Infrastructure Code."
B.
The Electric Vehicle Infrastructure Code is designed to encourage
the transition to electric vehicle use and to expedite the establishment
of a convenient, cost-effective electric vehicle infrastructure that
such a transition necessitates.
Alterations or repairs, other than increasing the height or
area of a new structure, may be made to any structure to comply with
this article, provided that such alterations or repairs also comply
with all other provisions to the Land Use Ordinance, the Exterior
Property Maintenance Code, and all applicable building and construction
codes.
A.
Interchangeability. Words used in the present tense include the future;
words in the masculine gender include the feminine and neuter; the
singular number includes the plural and the plural the singular.
B.
Terms defined in other codes. Where terms are not defined in this
article and are defined in the Uniform Construction Code, they shall
have the same meanings ascribed to them as in the Uniform Construction
Code.
C.
Terms not defined. Undefined terms shall have their ordinarily accepted
meanings.
D.
The word "shall" is always mandatory and not merely directory.
As used in this article, the following terms shall have the
meanings indicated:
A.
AC — Alternating current (electricity).
B.
BATTERY (pl. BATTERIES) — A cell or cells onboard an electric
vehicle which is used for storing and furnishing electrical energy
for the purpose of propelling the vehicle.
C.
BATTERY ELECTRIC VEHICLE (BEV) — An electric vehicle with an
on board battery that operates exclusively from electrical energy
from the battery, which battery is charged from an electrical power
source (charging station) not onboard the vehicle.
D.
CERTIFICATE OF OCCUPANCY — 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.
E.
CHARGING LEVEL — The standardized indicators of electrical
force, or voltage at which an electric vehicle's battery is recharged.
Typical electric vehicle charging levels and specifications are:
1.
Level 1 — Slow battery charging (AC). Level 1 operates
on a 15-20-amp breaker on a 120-volt AC circuit.
2.
Level 2 — Medium battery charging (AC). Level 2 operates
on a 40-100-amp breaker on a 208- or 240-volt AC circuit.
3.
Level 3 — Fast battery charging (DC). Level 3 operates
on a 60-amp or higher breaker on a 480-volt or higher three-phase
circuit with special grounding equipment. Level 3 stations can also
be referred to as DCFC or as rapid-charging stations that are typically
characterized by industrial-grade electrical outlets that allow for
faster recharging of electric vehicles.
F.
CHARGING STATION — Equipment that has as its primary purpose
the transfer of electric energy by conductive or inductive means to
a battery or other energy storage device located onboard an electric
vehicle. Various types of charging stations include:
1.
ACCESSIBLE EVSE — A charging station incorporated into or immediately adjacent to a handicapped parking space as "handicapped parking space" is defined by § 13-21.3(a) of the Town Code.
2.
LEVEL 3 EVSE (sometimes referred to as a DC Fast charging station)
— A charging station that provides any single-phase voltage
or current rating higher than that of Level 2, or any three-phase
supply voltage configuration.
3.
PRIVATE EVSE — A charging station that is: (1) privately
owned and restricted access (e.g., single-family home, executive parking,
designated employee parking, etc.); or (2) publicly owned and restricted
access (e.g., fleet parking with no access to the general public).
4.
PUBLIC EVSE — A charging station that is: (1) publicly
owned and publicly available (e.g., park and ride, public parking
lots, on-street parking, etc.); or (2) privately owned and publicly
available (e.g., shopping center parking, non-reserved parking in
multifamily parking lots, etc.).
G.
CHARGING STATION SPACE — A dedicated, marked space that identifies
the use thereof as exclusively for the charging of electric vehicles.
H.
DC — Direct current (electricity).
I.
ELECTRIC SCOOTERS and/or MOTORCYCLES — A two-wheel or three-wheel
electric vehicle that operates exclusively on electrical energy stored
in the vehicle's batteries.
J.
ELECTRIC VEHICLE — A vehicle that operates, either partially
or exclusively, on electrical energy from a charging station or other
electrical energy source that is stored in the vehicle's battery for
propulsion purposes. "Electric vehicle" includes: (1) a battery electric
vehicle; (2) a plug-in hybrid electric vehicle; (3) a neighborhood
electric vehicle; and (4) electric scooters or motorcycles. Electric
vehicles are licensed and registered for operation on public and private
highways, roads, and streets.
K.
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT (EVSE) — 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."
L.
MAKE-READY PARKING SPACE — The pre-wiring 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 al.).
M.
MOTOR VEHICLE — Has the same meaning as provided in Section
39:1-1 et seq. of the Revised Statutes of the State of New Jersey.
N.
NEIGHBORHOOD ELECTRIC VEHICLE — An electric vehicle with four
wheels that conforms to federal regulations under C.F.R. § 571.500,
which can attain a speed of 20 miles per hour (mph) from a stand-still
within one mile but cannot exceed a speed of more than 25 mph.
O.
NON-ELECTRIC VEHICLE — A vehicle that does not meet the definition
of "electric vehicle" as provided herein.
P.
PLUG-IN HYBRID ELECTRIC VEHICLE (PHEV) — An electric vehicle
that (1) contains an internal combustion engine and also allows power
to be delivered to drive wheels by an electric motor, and; (2) charges
its battery primarily by connecting to a charging station or other
electrical source not on board the vehicle; (3) may additionally be
able to sustain a battery charge using an on-board internal combustion-driven
generator; and (4) has the ability to be propelled through the use
of electricity.
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.
B.
EVSE and make-ready parking spaces installed pursuant to § 24.06 below in development applications that are subject to site plan approval are considered a permitted accessory use as described in Subsection A above.
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 Officer shall enforce all signage and installation requirements
described in this ordinance. Failure to meet the requirements in this
ordinance shall be subject to the same enforcement and penalty provisions
as other violations of Town of Westfield'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
Officer 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.
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:
1.
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;
2.
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
3.
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.
B.
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.
C.
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.
D.
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection A above shall:
1.
Install at least one make-ready parking space if there will
be 50 or fewer off-street parking spaces.
2.
Install at least two make-ready parking spaces if there will
be 51 to 75 off-street parking spaces.
3.
Install at least three make-ready parking spaces if there will
be 76 to 100 off-street parking spaces.
4.
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.
5.
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.
6.
In lieu of installing make-ready parking spaces, a parking lot
or garage may install EVSE to satisfy the requirements of this subsection.
7.
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.
8.
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
applicable Town or state 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.
D.
Additional installation of EVSE and make-ready parking spaces above
what is required in § 24.06A above may be encouraged but
shall not be required in development projects.
A.
General requirements.
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.
5.
With respect to all properties within the Town to which the
requirements of this article do not apply, in order to proactively
plan for and accommodate the anticipated growth in market demand for
electric vehicles, it is strongly encouraged, but not required, that
all new construction on such properties be constructed to provide
a 220-240-volt/40-amp outlet on a dedicated circuit in close proximity
to designated vehicle parking to accommodate the potential future
hardwire installation of a Level 2 charging station.
B.
Charging station space location and design criteria for multifamily
residential and nonresidential development.
1.
Where provided, spaces for charging station purposes are required
to include the following:
a.
Signage. Each EVSE space shall be posted with signage as described
further herein in § 24.08.
b.
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 purposes
when the equipment is not functioning correctly, or other equipment
problems are encountered.
c.
Accessibility. Where charging station equipment is provided
within a pedestrian circulation area, such as a sidewalk or other
accessible route to a building entrance, the charging station equipment
shall be located so as not to interfere with accessibility requirements
of the New Jersey Accessibility Code, N.J.A.C. 5:23-7.2 et seq., or
other applicable accessibility standards.
d.
Lighting. Where charging station equipment is installed, adequate
site lighting shall be provided in accordance with the Town Code.
e.
Charging station equipment. All required charging stations shall
be Level 2 or Level 3, which may be determined at the property owner's
discretion. Charging station 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 retraction device
and/or a place to hang permanent cords and connectors a safe distance
above the ground or pavement surface. Equipment mounted on pedestals,
lighting posts, bollards, or other devices shall be designated and
located as to not impede pedestrian travel or create trip hazards
on sidewalks.
f.
Charging station equipment protection. Adequate charging station
equipment protection, such as concrete-filled steel bollards, shall
be used. Nonmountable curbing may be used in lieu of bollards, if
the charging station is setback at least 24 inches from the face of
the curb.
g.
Data collection. To allow for maintenance and notification,
the Town shall require the owners of public charging stations to provide
information on the charging station's geographic location, date of
installation, equipment type and model, and owner contact information.
h.
Usage fees. An owner of a charging station is not prohibited
from collecting a fee for the use of a charging station, in accordance
with applicable state and federal regulations. Fees shall be prominently
displayed on the charging station.
2.
Those providing charging station spaces should consider the
following:
a.
Notification. Information on the charging station, identifying
voltage and amperage levels and time of use, fees, or safety information.
b.
Signage. Installation of directional signs at appropriate decision
points to effectively guide motorists to the charging station space(s)
as described further herein.
c.
Location (specific to on-street parking). Placement of a single
charging station is preferred at the beginning or end stall on a block
face.
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Figure 24.08. Charging Station Location(s).
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3.
Accessible charging stations. It is strongly encouraged, but
not required, that a minimum of one accessible charging station be
provided. Accessible charging stations should be in close proximity
to the building or facility entrance and shall be connected to a barrier-free
accessible route of travel to and from the building or facility. It
is not necessary to designate the accessible charging station exclusively
for the use of disabled persons. Below are two options for providing
for accessible electric vehicle charging stations:
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 |
NOTE: The illustrations and photos above show two options
for providing accessible charging stations. Option 1 is a likely scenario
for installation in existing parking lots. By using an existing wider
end parking stall or restriping, an accessible charging station may
be more cost effectively installed. Where feasible, a wider clear
area around the equipment (60 inches) is preferable. Additionally,
this location away from the near building prime parking has a better
likelihood of being available for disabled persons, since the accessible
charging station is not exclusively reserved for disabled persons.
Option 2 provides a location that has a shorter travel distance for
disabled persons and can be easily installed in a new parking lot.
This option may allow the installer to provide a wider, more fully
compliant aisle.
While other options, depending on the specific layout of the
new or reconfigured parking area, are likely, at a minimum, an accessible
charging station must be located within accessible reach of the barrier-free
access aisle (minimum forty-four-inch width) and the electric vehicle
and connect to a barrier-free route of travel. However, because the
charging station facility is not a parking facility, the accessible
charging station does not need to be located immediately adjacent
to the building entrances or reserved exclusively for the use of disabled
persons.
A.
Electric vehicle charging stations, other than in residential use,
shall have posted signage, as identified in this section, allowing
only charging electric vehicles to park in such spaces. For purposes
of this subsection, "charging" means that an electric vehicle is parked
at an electric vehicle charging station and is connected to the charging
station equipment.
B.
Each charging station space shall be posted with signage indicating
the charging station space is only for use by electric vehicles for
charging purposes. Days and hours of operations shall be included
if time limits or tow- away provisions are to be enforced.
C.
All signage shall include: (1) information on the charging station
to identify voltage and amperage levels and any time of use, fees,
or safety information; (2) as appropriate, directional signs to effectively
guide motorists to the charging station space(s); and (3) any additional
optional signage may be posted to alert potential charging station
users as to other expectations.
D.
All such signage shall additionally be compliant with the Manual
Uniform Traffic Control Devices (MUTCD) as published by the Federal
Highway Administration (FHWA) and shall be made at the recommended
sizes described therein.
A.
Charging stations, where provided for public use, are reserved for
parking and charging electric vehicles only, except as otherwise provided
by this article.
B.
Electric vehicles may park in any parking space otherwise designated
for parking, subject to the restrictions that would apply to any other
vehicle generally.
When a sign authorized under § 24.09 provides notice
of a designated charging station space, no person shall park or stand
a nonelectric vehicle therein. Any nonelectric vehicle parked or standing
in a charging station space is subject to fine and/or impoundment
of the offending vehicle as described in § 24.14.
Upon adoption of an ordinance by the Town establishing a charging
station(s) in on-street or municipally-owned Town parking lots, the
Town Engineer shall cause appropriate signs and markings to be placed
in and around the designated charging station space(s), indicating
prominently thereon the parking regulations therefor. The signs shall
define time limits and hours of operation, as applicable, and shall
state that the parking space is reserved for the charging of electric
vehicles only. Charging station space regulation violators are subject
to fine and/or impoundment of the offending vehicle.
Nothing in this section shall be interpreted as a waiver, replacement,
or substitute for any installation that requires a Construction Code
or land use approval under applicable provisions of any statute, ordinance,
rule or regulation. Installation of charging stations to an existing
parking space is exempt from any such site plan review.
A.
The Police Department, through its officers, shall enforce this article and shall make a record of any parking violation in public areas, including the state license or registration number of the vehicle, the date concerning the violation, and any other pertinent details. The police officer observing the violation shall attach to the vehicle or property a summons directing the owner or operator of the vehicle or property owner to appear before the Town of Westfield Municipal Court on a regular court night, or report to the violation clerk and pay the prescribed fine in accordance § 13-8(b) of the Town Code. All sums so paid shall be transmitted to the Town Treasurer. Any person receiving a summons for violating any of the provisions of this article may, in any event, be liable to any of the penalties imposed by this article upon conviction of such violation in the Municipal Court.
