Electric vehicle (EV) charging is no longer a “nice to have” amenity that gets negotiated late in the review process. Since 2021, New Jersey law has embedded EV infrastructure requirements into both site plan submissions and the municipality's master plan. Below is a roadmap for planners, boards, and applicants who need to keep projects (and master plans) compliant and future ready.

1. The 15 Percent Statewide “Make Ready” Mandate

• Statutory backbone. P.L. 2021, c. 171 obligates every municipality to ensure that 15 percent of parking spaces a board approves for applications that include multiple dwellings with five or more units are either “make ready” or already equipped with chargers. Municipalities may encourage higher percentages, but they may not require more than 15 percent by ordinance.
• Who enforces? Local governments remain on the hook for reviewing, approving, and policing these standards through their land use ordinances and construction inspections.

Take away: At the site plan stage, boards should confirm that the layout reserves (at minimum) 15 percent make ready/EV spaces and memorialize that count in any approval resolution.

2. The Model Statewide Municipal EV Ordinance

The Department of Community Affairs (DCA) issued a model ordinance that:

• Treats EV charging stations (EVCS) as permitted accessory uses in every zone.
• Lets existing gas stations or retailers add EVCS without formal site plan review if certain safety setbacks are met.
• Counts each make ready or EVCS space as two spaces for parking count purposes, up to a 10 percent reduction of the overall parking requirement.
• Pre empts inconsistent local parking regulations.

Practical pointer: Applicants can leverage the “double count” to trim conventional parking stalls, but boards must watch the 10 percent ceiling.

3. Land Use Applications: Credits, Rounding Rules & the Sackman Lesson

New Jersey's EV statute (N.J.S.A. 40:55D‑66.20) lets multifamily and mixed use developers convert required EV spaces into parking credit reductions, but with guardrails:

1. Rounding up—all EV parking calculations must be rounded up to the next whole space.
2. The resulting credit cannot slash total parking by more than 10 percent.

The Appellate Division drove this home in Sackman Enterprises, Inc. v. Belmar, 478 N.J. Super 68 (App. Div. 2024). Attempting to round up an EV credit that would breach the 10 percent cap rendered the concept plan inconsistent with the redevelopment plan.

Tip for applicants: Run the math early; a fractional EV space might balloon into an unwanted extra stall if it triggers the rounding rule.

4. Master Plans: Where EV Charging Must Live

Under the Municipal Land Use Law (MLUL), any new or amended master plan must now:

Why it matters: A zoning ordinance must be “substantially consistent” with the master plan. If your plan omits EV charging, the ordinance (and future board actions) are vulnerable.

5. Final Thoughts

EV infrastructure is now a statutory fixture, not a policy aspiration. By weaving the statewide make ready mandate, the DCA model ordinance requirements, and the MLUL master plan elements into everyday land use practice, the attorneys here at Lavery Selvaggi & Cohen can help get approvals with all of your development applications.