The panel of government, community, and business members suggested changes to City Ordinance related to a permitting process to allow for the charging of EVs

Last summer, Mayor Mike Purzycki asked City Council to approve an Ordinance that would permit Electric Vehicle Charging Stations (EVCS) in residential rights-of-way. The Administration needed to act prior to July 1 in order to comply with an EVCS statute approved by the Delaware General Assembly that required the City to establish a process for residents to obtain an EVCS permit. While the City Ordinance was approved, the Administration and Council agreed to create a working group to address some parts of the legislation that were of concern to some members of Council and members of the public.
 
In August, the Electric Vehicle Charging Station Working Group (EVCSWG), a 13-member panel made up of government, community, and business representatives, was formed to examine the legislation and recommend changes. The City contracted with Energetics, a national consulting firm that helps public and private entities integrate clean energy technologies and strategies into real-world applications, to assist the working group.
 
The Purzycki Administration is seeking approval of a new Ordinance, sponsored by Council Member Chris Johnson, that would amend Chapter 42, Article III of the City Code to permit EVCS in residential rights-of-way. This ordinance, which is now before the Council, incorporates the Working Group’s recommendations. They include: 

• Bring the definition of “electric vehicle” in line with State law;
• Allow a frequent operator/non-owner of an electric vehicle to obtain a permit for a charging station or chord;
• Clarify that when a permit holder and property owner are not the same person, the property owner is jointly responsible for compliance with the City Code;
• Allows the City to grant a variance for a property owner with off-street parking on the owner’s property to have a charging station if parking conditions in the neighborhood permit it; and
• Sunsets the curbside charging cord permitting process if it is not reenacted by July 1, 2030. 

Complete details of the Ordinance, which would establish EV charging options in the City of Wilmington beginning July 1, 2024, can be found on the City Council website, here. Once the legislation becomes law, Wilmington will be in compliance with a 2022 state law from lead sponsor Senator Sarah McBride requiring that the City establish a process for residents to obtain an EVCS.
 
The new law would enable owners or renters of single-family properties to obtain permits from the City’s Department of Public Works to charge their electric vehicles (EV) in two different formats: 

• Through use of a curbside charging cord that would be run from their home to their vehicle. The vehicle must be parked directly in front of their property. The cord would also have to be covered so as to prevent a sidewalk tripping hazard.
• Through the use of a charging station which would be permitted by the City to be installed by the EV owner or property owner in the public right-of-way directly in front of property in which the electric vehicle owner resides. 

Neither format allows an electric vehicle owner to reserve a parking space. Blocking or marking a space for that purpose would result in a fine. In other words, the use of a charging cord or a charging station is only permitted when an electric vehicle owner is able to randomly obtain the parking space directly in front of the property in which they reside. EV owners who own or live at a property with off-street parking and are able to establish a cord charging system or install a charging station are not eligible to receive permits for use of a charging cord or charging station in the public right-of-way.
 
Among other requirements, the City would charge a $100 application fee and require the electric vehicle owner to notify neighbors on their block that they have applied to the City for permission to install a charging station in the public right-of-way. There is no fee in order to obtain a City permit to use a charging cord.

Mayor Purzycki thanked Council Member Johnson and the EV Working Group for their efforts to improve on the original legislation passed in June 2023. “This is just the start of our City’s quest to develop a more complete EVCS program,” said the Mayor. “The technology is moving rapidly yet there are currently limited options available to accommodate EV owners, especially in densely populated cities. We will continue to stay on top of this issue to ensure that Wilmington remains in the forefront of the EV movement and the development of available charging options.”

Paul Ford Jr.
Director of Communications 
City of Wilmington, Office of the Mayor
Mobile: (302) 530-2171
Email: plford@WilmingtonDE.gov