[HISTORY: Adopted by the Town Board of the Town of Ogden 9-14-2022 by L.L. No. 4-2022. Amendments noted where applicable.]
The purpose of this chapter is to establish procedures and the
permitting process for electric vehicle charging stations while maintaining
public health and safety and preventing specific adverse impacts in
the installation and use of such charging stations.
As used in this chapter, the following terms shall have the
meanings indicated:
The Town of Ogden Building Inspector and Code Enforcement
Officer.
Any level of electric vehicle supply equipment station that
is designed and built in compliance with the latest approved version
of the National Electrical Code and delivers electricity from a source
outside an electric vehicle into a plug-in electric vehicle.
The utilization of one or more of the following:
A significant, quantifiable, direct, and unavoidable impact,
based on objective, identified, and written public health or safety
standards, policies, or conditions as they existed on the date the
application was deemed complete.
The Building Official shall implement a uniform permitting process
for electric vehicle charging stations and shall adopt a checklist
of all requirements with which electric vehicle charging stations
shall comply with in order to be eligible for application review and
approval. The permitting process and checklist shall include the recommendations
contained in the most current version of the "Electric Vehicle Charging
Permitting Guidebook" as published by the New York State Energy Research
and Development Agency (NYSERDA) as may be adopted or amended from
time to time.
A.
Prior to submitting an application for processing, the applicant
shall verify that the installation of an electric vehicle charging
station will not have specific adverse impact to public health and
safety and building occupants. Verification by the applicant includes
but is not limited to: electrical system capacity and loads; electrical
system wiring, bonding, and overcurrent protection; building infrastructure
affected by charging station equipment and associated conduits; area
of charging station equipment and vehicle parking.
B.
A permit application that satisfies the information requirements
in the Town of Ogden's adopted checklist shall be deemed complete
and shall be promptly processed. Upon confirmation by the Building
Official that the construction or building permit application and
supporting documents meets the requirements of the Town of Ogden's
adopted checklist and is consistent with all applicable laws and health
and safety standards, the Building Official shall approve the application
and issue all necessary construction or building permits. Such approval
does not authorize an applicant to energize or utilize the electric
vehicle charging station until approval is granted by the Town of
Ogden. If the Building Official determines that the construction permit
application is incomplete, he or she shall issue a written correction
notice to the applicant, detailing all deficiencies in the application
and any additional information required to be eligible for further
permit processing.
C.
The Building Official shall allow for electronic submittal of permit
applications covered by this chapter and associated supporting documentation.
In accepting such permit applications, the Building Official shall
also accept electronic signatures on all forms, applications, and
other documentation in lieu of a wet signature by any applicant.
A.
It is the intent of this chapter to regulate and permit the installation
of electric vehicle charging stations by establishing a process for
permitting for charging stations so long as the action does not supersede
the Building Official's authority to address higher priority
life-safety situations. If the Building Official makes a finding based
on substantial evidence that the electric vehicle charging station
could have a specific adverse impact upon the public health or safety,
as defined herein, he may require the applicant to apply for a use
permit.
B.
In the technical review of a charging station construction permit
application the Building Official shall not condition the approval
for any electric vehicle charging station permit on the approval of
such a system by an association, meaning a nonprofit corporation or
unincorporated association created for the purpose of managing a common
interest development.
A.
Electric vehicle charging station equipment shall meet the requirements
of the New York Electrical Code, the National Electrical Code, the
Society of Automotive Engineers, the National Electrical Manufacturers
Association, and accredited testing laboratories such as Underwriters
Laboratories, and rules of the Public Utilities Commission or a municipal
electric utility company regarding safety and reliability.
B.
Installation of electric vehicle charging stations and associated
wiring, bonding, disconnecting means and overcurrent protective devices
shall meet the requirements all applicable provisions of the New York
Electrical Code. All electrical work shall be inspected and approved
by an authorized electrical inspection agency prior to issuance of
any final certificate or energizing of the station.
C.
Installation of electric vehicle charging stations shall be incorporated
into the load calculations of all new or existing electrical services
and shall meet the requirements of the New York Electrical Code. Electric
vehicle charging equipment shall be considered a continuous load.
D.
Anchorage of either base-mounted or wall-mounted electric vehicle
charging stations shall meet the requirements of the New York Building
or Residential code as applicable per the provisions of the manufacturer's
installation instructions. Mounting of charging stations shall not
adversely affect building elements.
All applications for new construction shall be required to comply
with the provisions of this chapter, and all applications for site
plan approval shall incorporate and provide for the installation of
electrical vehicle charging stations in such number and at such locations
as ay be approved by the Town of Ogden Planning Board. No such electrical
vehicle charging stations shall be located in a required parking spot,
shall be handicapped accessible and shall be adequately protected
from damage.
