PLANNING A PARKING PROJECT? MAKE SURE TO CHECK FOR NEW ELECTRIC VEHICLE CHARGING LAWS AND ORDINANCES

First it was Boston and Cambridge, which both passed ordinances a few years ago, prohibiting condominium associations from barring or unreasonably restricting the ability of owners to install electric vehicle charging stations (EVCS) in their exclusive use parking spaces. Now it appears making access for charging stations is becoming more of a priority. Legislation has been filed during recent Massachusetts legislative sessions, including during the current 2023/2024 session, to impose a similar requirement statewide. Additionally, other cities and towns are taking unique approaches to encourage the installation of EVCS and some of these regulations may surprise you.

Recently one of our association clients in Hingham received some surprising news when they were told that their parking lot project would trigger compliance with a new Zoning By-Law. The condominium was undertaking a significant parking lot and roadway project in which all paved surfaces were to be stripped down to the subsurface. The Town viewed this as a redevelopment/reconstruction of the parking areas, and therefore, informed the condominium association that they must comply with the Zoning By-Law and equip many of the parking spaces with electric vehicle chargers. That is not an inexpensive endeavor and needless to say our client was surprised that an added cost would be needed.

Born from a desire to encourage more residents to install EVCS, the Town of Hingham recently adopted an amendment to the Town’s Zoning By-Law to require EVCS installation under certain circumstances.

In April 2023, the town amended its Zoning By-Law to impose the following requirement:

Parking lots containing 20 or more parking spaces shall provide infrastructure to make a minimum of 25 percent of the spaces compatible with electric vehicle charging and a minimum of 10 percent shall be equipped with electric vehicle charging stations.

What was perhaps most surprising about this new Zoning By-Law, is that it not only applies to any newly constructed parking areas, but also redeveloped/reconstructed parking areas. The Zoning By-Law does state that the requirement to comply with the Zoning By-Law is not triggered by the resurfacing or repainting of an existing parking lot.

Our association client has 556 total parking spaces. Under a strict reading of the new Zoning By-Laws, the condominium would have had to equip 56 parking spaces with EVCS, and provide infrastructure for at least 139 parking spaces to be equipped with EVCS in the future. The cost of full compliance would have been exorbitant to our client.

Fortunately, the Zoning By-Law did provide for the ability of the association to apply for a Special Permit to seek a reduction in the number of EVCS it must install.

After some back and forth with the Town, we successfully persuaded the Planning Board that full compliance was unreasonable and cost-prohibitive to the association. As a result, the Planning Board granted the association a waiver which required the installation of fourteen (14) EVCS and required 111 parking spaces to be compatible with conduit for future EVCS. In addition, the Town required that the association submit an annual report as to the utilization and demand for EVCS at the condominium, with the idea being that the association may have to added an additional fourteen (14) EVCS within 5 years.

As condominium boards consider whether to install multiple charging stations in their communities, our recent experience is a good reminder that it is often better to be proactive than reactive when it comes to emerging trends.

As more and more towns implement their own requirements, it may be hard for an association to control what they think is best, and may instead be forced into an outcome less desirable, but required to satisfy local regulations. Staying up-to-date on local regulation changes is critical and we urge all associations to check regulations before embarking on any major parking projects.

If you have any questions about installing electric vehicle charging stations in your community, please do not hesitate to contact Matthew W. Gaines.