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Brookhaven, NY Parking Rules: EV Charging (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

EV stall share
5% of parking stalls
Exempt use
single-family residential
Governing section
Code § 85-852
Enforcement
plot plan review, § 85-853
First-offense fine
$2,500-$6,000 (§ 85-158A)

Summary

Brookhaven's Table of Parking Requirements, Code § 85-852, requires 5% of all parking stalls to carry an electric vehicle charging station for every residential use other than single-family residential. The mandate covers multifamily buildings, planned retirement communities, assisted-living facilities, congregate housing, nursing homes and dormitories, and those stalls must stay accessible to residents and visitors at all times.

Each parking space for all residential uses, other than single-family residential, must be accessible at all times and 5% of all parking stalls shall be equipped with an electric charging station; tandem parking arrangements are the equivalent of 1 parking space.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4966897; v79 updated 2026-05-28; through 05-28-2026).

Full Breakdown

5 per unit, assisted-living facilities and congregate housing need one per unit, nursing homes need one space per two patient beds plus office parking, and fraternities, sororities and dormitories need one space per two beds. On top of those ratios, the table states that each parking space for residential uses other than single-family residential must be accessible at all times and that 5% of all parking stalls must carry an electric charging station, with tandem spaces counting as a single space toward the total. Because the requirement sits inside § 85-852, it is triggered whenever a project needs a building permit to erect, enlarge or alter a structure with a parking or loading area, per § 85-853's plot plan requirement, so it applies at site plan and building permit review rather than as a retrofit mandate on buildings built before the rule existed.

Note 2 to the table lets the Planning Board count improved, designated on-street or municipal parking within 200 feet of the site toward the overall parking total at its discretion, and Note 3 lets the Board accept a fee in lieu of some required parking for municipal parking improvements, though neither note is written as an exemption from the 5% EV-station share itself. Required spaces must remain available without charge to residents, employees and visitors under § 85-856, and the Chief Building Inspector reviews compliance through the plot plan submitted with the building permit application.

Violations & Fines

Brookhaven's general zoning penalty at § 85-158A applies because § 85-852 isn't among the sections carrying its own enhanced penalty schedule: a first violation of the parking table draws a fine of $2,500 to $6,000 or up to 15 days in jail, a second offense within five years draws $5,000 to $10,000, and a third draws $7,500 to $15,000 with up to six months' imprisonment. Each week a violation continues is a separate offense, and the Town Board may revoke the certificate of occupancy under § 85-857 for failure to maintain required parking.

Frequently Asked Questions

Does a single-family home in Brookhaven need an EV charging space?
No. The 5% electric-charging requirement in § 85-852 applies only to 'residential uses, other than single-family residential,' so it reaches multifamily buildings, planned retirement communities, assisted-living facilities, congregate housing, nursing homes and dormitories, not one-family houses.
Can Brookhaven require a fee instead of building all the required parking?
Yes, within limits. Note 3 to the parking table lets the Planning Board 'consider a fee in lieu of required parking,' with proceeds used for municipal parking facility improvements and maintenance, but that discretion applies to the base parking count, not stated as a way around the 5% EV-charging share.
What if a new complex is built without the required EV stalls?
It's treated like any other parking-table violation: a first offense under § 85-158A is punishable by a fine of $2,500 to $6,000 or up to 15 days in jail, and the Town Board can revoke the certificate of occupancy under § 85-857 until the parking facilities comply.

Sources & Official References

Other rules in Brookhaven

All Brookhaven rules

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