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Planner reports: development regulation revisions underway; board asked to check state EV rules and advertising limits
Summary
Burgess Associates reported that the draft development regulations (DRO/DRL) revisions and a set of ordinance amendments are being prepared for the board; members asked staff to confirm whether state EV rules preempt local restrictions on advertising at charging stations.
Joe Burgess, the board planner from Burgess Associates, told the Planning Board the consultant team has submitted revised development regulation language (the board referred to the document as the DRL/DRO revisions) and a separate memo listing proposed ordinance amendments. He said the ordinance amendments are being drafted into a formal ordinance for consideration at an upcoming meeting and that the board—s February packet should include the draft ordinance text.
On electric vehicle (EV) charging the board discussed a recent change in state rules. Burgess summarized the issue on the record: according to his review, certain state EV regulations can supersede local ordinances and require developers to provide phased —make-ready— or installed charging capacity over a multi-year schedule. He cautioned that some details remain unclear and recommended the board—s staff and counsel double-check whether the state preemption applies to advertising or digital signage on charging stations.
Board members raised practical questions: whether municipalities retain control over advertising placed on chargers, and whether local design guidance can regulate illuminated or static advertising panels. Burgess and board counsel agreed to —tag-team— a review and to include the existing municipal EV ordinance in the next meeting packet for comparison so the board can decide whether to amend or replace local rules to align with state standards.
Why it matters: The outcome could change what developers must install for EV readiness and whether municipalities can regulate advertising and lighting on station infrastructure. That affects design review, signage rules, and potential revenue models for chargers located on public or private sites.
Ending: Staff will circulate the current municipal EV ordinance and Burgess will confirm how much of the topic is preempted by state regulation so the board can consider an ordinance approach (amend existing language or adopt a new local ordinance) at a subsequent meeting.
