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Colorado Energy Office Electric Vehicle Charging Model Land Use Code & Guidance Document

Review and Comment By February 18th!

Thank you for taking the time to provide feedback on the draft EV Charging Model Land Use Code and Guidance Document, your input is crucial to this process and final outcomes. Below is a brief description of each document. You can toggle between the Model Code Document and the Guidance Document using the drop down menu in the upper lefthand corner of the toolbar below, or using the right/left arrows at the bottom of the page. 

EV Charging Model Code: This includes EV charging specific standards for local governments to integrate into existing codes, and some limited guidance to help with code adoption. 

EV Charging Model Code Guidance: This includes more in depth guidance on how to integrate the EV Charging Model Code standards into existing codes, and additional requirements for updating application and review processes outside of land use codes. 

As you review, consider:

  • Whether the standards and requirements are clear
  • Whether the standards provide adequate structure and flexibility for local governments to appropriately regulate EV Charging
  • If there may be any unintended consequences or outcomes as a result of these standards and requirements
  • Whether the guidance document provides an appropriate level and quality of information for local governments to effectively implement the Model Code

If you have any questions, please email Jaxon Fagan: jaxon.fagan@state.co.us. Thank you!

 

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Suggestion
A lot of local codes have their own definition of "adjacent" and I want to make sure this doesn't conflict with what the bill intends. In Aurora, public rights of way and bodies of water don't disqualify a property from being adjacent to another. Would this standard prevent a City from requiring screening to a lot separated by a street, or only to those sharing a property line?
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in reply to Jeremiah Bebo's comment
Suggestion
I agree with Jeremiah, I think some sort of caveat needs to be included that acknowledges that siting within an easement could require conditions of approval or other city department approval that could lengthen the review timeline. License agreements for equipment in easements can often draw out the timeline.
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in reply to Jack Sheehan's comment
Suggestion
I agree, some sort of color coding or key would make it way clearer what is required, what is optional, and perhaps what is suggested. Why list standard 4 under the required section but then say " . . . encouraged, but not required . . ."??
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Suggestion
Perhaps a bit redundant, but I would head this column with "EV Charging Project" to make it clear this is referring to the charger thresholds defined earlier. That way it makes it clear this is meant for more impactful/intensive charging uses, and not the level 1 chargers people typically use in a garage.
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Question
While this lighting approach makes a lot of sense, would it be impacted at all by any weather protection requirements?
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in reply to Jack Sheehan's comment
Question
Adams County had a similar question, but feel that the point that these should be similar to a gas station makes sense.
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Question
We also have some concerns about what is allowed in setbacks. For example, could it potentially impact on signage requirements? We only allow 1 freestanding sign per 500ft of frontage and wondering if the addition of a sign/structure in the setback might end up being a little confusing depending on the definitions of what these items in the setback qualify as.
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This may just be confusing to us, but could use a little bit more clarify on overlap between this standard and accessibility requirements related to parking.
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Question
Would significant change be defined in the model code or locally?
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in reply to bob's comment
Suggestion
Similar question/issue from Adams. Between this project definition and the number of charging stations triggering a land use review we would like to simplify this to make it as clear as possible when land use review is required and focusing on use type may be more straightforward then the number of chargers.
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in reply to Jack Sheehan's comment
Question
Adams County had a similar question!
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Question
If no standards exist, can local government develop them?
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Question
Would this include schools and if so, would it include private schools?
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Concern
When equipment and stations are required by the CEO to be permitted in the setback the weather cover structures will also be in the setback and thus will not comply with setback requirements.
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Question
Just seeking a little clarification and not necessarily and edit. Our planning staff was unsure if there would be a state definition for what accessory uses are available for a primary use EV project? Would that be up to the local jurisdiction to define?
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Question
Is the model code requiring that local government allow weather protection structures (precluding local government from dis-allowing these)?
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Question
Are we allowed to regulate signage based on content?
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Question
Who would be the reviewing agency to determine this compliance?
It would be helpful if the model code detailed out what this was.
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Concern
If we are required to allow the EV Stations and Equipment in the setback, it is likely this will impact the ability to require screening
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Question
Does this section apply to both Accessory and Primary?
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Question
Is this a standard to be adopted into Land Use Codes or a directive from the CEO that local jurisdictions may not regulate the appearance, materials, and dimensions of EV Charging Equipment? A list of these specific directives would be helpful and add clarity. Codes typically include regulations for things they regulate they don't state the universe of things they don't regulate.
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Concern
This is likely not appropriate in many instances. It would be better direction to require local governments to define when setback exceptions are appropriate.
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in reply to Jack Sheehan's comment
**Disregard*** This was meant for "E. Siting Standards"
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Question
Does this apply to both Primary and Accessory?
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Question
Does this apply to both Primary and Accessory?
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Concern
Who does this model code anticipate will do this review? This link is to a very lengthy web-page of recommendations covering a variety of topics, it would be helpful if the model code would spell out what is required, it will be nearly impossible for local jurisdictions to insert this entire website into their codes.
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Suggestion
It is hard to tell what is actually required in this document when in one place is says 'must adopt' and in the next section says 'all standard are flexible'.
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Question
In Boulder County most land is Agriculture or Forestry. How are we to interpret this table?
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Suggestion
Clarification around what the model code considers accessory to Primary EV Charging Projects would be helpful.
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Suggestion
The development of 2 Stations on undeveloped land will have essentially the same impacts as the the development of 3 Stations. The development of any primary EV Station use should be allowed to be reviewed.
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in reply to Jack Sheehan's comment
Question
Same comment for Primary Use (below)
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Question
What might this be? Is this landscaping and lighting and perhaps covers for the parked cars and equipment? Or is this a 7-11 like a gas station?
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Concern
How does this Code address projects where less than these numbers are being developed? I don't understand the differentiation between unit types. Regardless of the unit type it still requires a parking space, access to and from it, electrical utilities, etc. I don't see how the land uses of these two different types are different.. Is this language necessary? What happens if technologies change over time?
Perhaps this could be simplified to Development of EV Charging Station(s) and installation of EV Charging Equipment where the project will serve as the primary function and land use on the subject property.
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Question
Below it says all definitions are flexible, therefore it isn't required that these definition must be used. Is the intent that jurisdictions must adopt the definition for these terms and CEO is recommending the definitions given?
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in reply to Jack Sheehan's comment
Question
Is it possible to pull out the requirements into a separate document so these can be quickly understood?
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Suggestion
Suggest referencing the NEC, not NFPA
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Question
Need clarity on the intent of this section.
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Concern
Apologies for the multiple comments on this section, but I cannot figure out how to delete previous comments. I think I understand the intent here now, that any accessory use with less than 3 DCFC or less than 10 level-2 are not subject to land-use code review and allowed by-right. I still wonder if the definitions section is the best place to clarify that distinction, or if this clarification should be made elsewhere. By locking this cutoff in the definitions section, you do not allow any flexibility for accessory use review for certain zone types where it may still be useful.
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Concern
To clarify - remove cutoff numbers for both DCFC and level-2 requirements.
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Concern
Accessory use should not include a cutoff number. Otherwise you create a gap in code where projects with only stations do not have applicable code.
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Concern
The CEO Energy Code Board also provides a set of definitions around their EV Ready section of the Low Energy and Carbon Code. It would be extremely helpful if the definitions in the two codes matched. Please coordinate with please contact Adam Berry, Adam.berry@state.co.us, to get a draft of the recent draft code so you can align definitions.
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not necessary if already in the code
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remove number of charging stations and type of charging. accessory should simply be subordinate to the principal use or something similar
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remove type of charging device...I don't think this is necessary
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Support
I'll just support that we've also heard that setbacks (and restrictions on installing in setbacks) can be a big hurdle - so this would certainly be helpful to address that.
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Suggestion
I think the breakdown of required versus flexible is good, but then when you start reading the actual standards it is hard to remember - was this required or flexible and how? I wonder if there is some way to try and make this more clear. For example, in this one we both say it is required and it is flexible (in the code language). A visual reminder or maybe separating out flexible and optional? Don't have a great solution but perhaps there's a way to make required versus required but can change language versus optional more clear.
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Suggestion
I do like the concept of defining project - and leaving really small scale installations as something that don't need land use review. A "project" could be as you've described ... 3 or more stations ... but then perhaps move away from defining accessory or primary use and leave that up to the jurisdiction to determine when a "project" is an accessory or primary use. This could really resolve the "this is 1-2 chargers and doesn't need a full review" concept that would enable the quick standard projects to go through quickly.
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Suggestion
might need to separate EV charging station from this definition.
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Suggestion
I'm not sure the number of charging stations should matter but whether EV charging is the primary use of the property?
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Suggestion
facility vs project?
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