Apex regulates new-development EV charging through UDO Section 8.3.11 (Electric Vehicle Charging Spaces). Multi-family or apartment projects must provide EV-Ready spaces equal to 30% of required motor vehicle spaces and active EV charging spaces equal to 15% of required spaces; Government Service uses must provide 15% EV-Ready / 3% charging; Commercial uses must provide 15% EV-Ready / 3% charging. Projects with fewer than 10 required motor vehicle spaces are exempt. The Town operates public charging at four municipal sites (Saunders Lot, Town Hall, Mason Street, Public Safety Station 6) at 20 cents per kWh. North Carolina has NOT adopted a right-to-charge statute - only CA, CO, CT, IL, OR, and DC do - so HOAs and condominium associations in Apex may still restrict EV charger installation. HB 488 (S.L. 2023-108) froze the state residential building code through 2031.
Apex has explicit new-development EV requirements in the Unified Development Ordinance. UDO Section 8.3.11 (Electric Vehicle Charging Spaces) provides: 'Multi-family or apartment projects with average rents that are affordable to a household with an annual income that is not greater than 80% of the Area Median Income for the respectively-sized household in the Raleigh, NC MSA, as determined by the United States Department of Housing and Urban Development, are exempt from all electric vehicle charging space requirements.' For EV parking requirements: 'Electric vehicle charging spaces shall be provided in accordance with Table 8.3-9, except for subsections 1 and 2 below. 1) If less than 10 motor vehicle spaces are required, no electric vehicle charging spaces or EV-Ready space are required. 2) If 10 to 19 motor vehicle spaces are required, one (1) EV-Ready space is required except for Commercial Uses as noted in Table 8.3-9.' Table 8.3-9 sets the percentages: Multi-family or apartment - 30% EV-Ready / 15% EV charging; Government Service - 15% EV-Ready / 3% EV charging; Commercial Uses - 15% EV-Ready / 3% EV charging. Apex's public charging network at municipal sites consists of: Saunders Parking Lot ('6 dual-port EV charging station connect to twelve parking spaces'), Town Hall ('Two dual-port charging stations that can connect to four parking spaces'), Mason Street Municipal Building ('One single-port charging station that connects to one parking space'), and Public Safety Station 6 ('One dual-port charging station that connects to one parking space'). The charging fee is '20 cents per kWh' for public use. Stations are 'tap to pay' accepting credit/debit card, mobile device, or wearable contact-less payment. 'Town of Apex-owned EVs have priority charging at the stations but if a spot is open, community members can pay to charge.' Different stations use different networks: Blink (Saunders and Town Hall) or ChargePoint (Mason Street and Public Safety Station 6). Residential Level 2 (240V) home installations require an electrical permit through the Apex Building Inspections division and must be installed by a licensed electrician under the adopted state codes. At the state level, North Carolina has NOT adopted a comprehensive right-to-charge statute. According to Plug In America's right-to-charge tracker, only California, Colorado, Connecticut, Illinois, and Oregon plus the District of Columbia extend comprehensive right-to-charge EV protections to HOA and condominium residents; HOAs and condominium associations in Apex's many planned subdivisions may apply their governing documents and architectural-review process to EV charger requests, including denying or conditioning installations. House Bill 488 (Session Law 2023-108), enacted August 16, 2023, reorganized the Building Code Council, created the Residential Code Council, and froze the state's residential, energy, plumbing, and mechanical codes through 2031 with the first six-year revision effective January 1, 2031 - HB 488 does not impose new residential EV charging mandates.
Building a new multi-family, government service, or commercial development without providing the EV-Ready and EV charging spaces required by UDO Section 8.3.11 and Table 8.3-9 violates the UDO and is enforceable through the Town's site plan and certificate of occupancy process. Installing a Level 2 (240V) home EV charger without the required electrical permit through the Apex Building Inspections division (or without using a licensed electrician) is a code violation and may require after-the-fact permitting and inspection. HOA or condominium denial of a homeowner's EV charger request is not currently overridable by North Carolina state law because NC has not adopted a comprehensive right-to-charge statute (only CA, CO, CT, IL, OR, and DC have).
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