City of Rockville - File #: 25-1965

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Subject

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Approval of and Delegation of Authority to the City Manager to Execute a Template Agreement for Private Improvements in the Right-of-Way (ROW) Associated with Resident Installed and Maintained Electric Vehicle Charging Equipment

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Department

PW - Environmental Management

Recommendation

Staff recommend that the Mayor and Council approve and delegate to the City Manager the authority to execute the template Declaration of Covenants Agreement for Private Improvements in City Right of Way (Attachment 1) associated with residential electric vehicle (EV) charging equipment.

Change in Law or Policy

This item supports implementation of Rockville’s EV Readiness Plan by creating a template and simplified process to expand equitable charging for residents without designated parking in garages or driveways while protecting public safety and indemnifying the city. This item specifically:

• Authorizes a template for a Declaration of Covenants for Private Improvements in the City Right-of-Way (ROW) for use by residential property owners to install and maintain private electric vehicle (EV) charging equipment and/or a cross-pavement EV charging channel in the ROW adjacent to their property.

• Delegates authority to the City Manager to approve and execute agreements in the form of the attached template associated with resident installed and maintained electric vehicle charging equipment in the ROW.

Discussion

Background

The Mayor and Council adopted Rockville’s first Electric Vehicle (EV) Readiness Plan on March 24, 2025. The EV Readiness Plan contains 26 specific actions to accelerate EV adoption, promote equity, and guide public involvement and plan oversight. The template agreement (Attachment 1) is one of the critical steps to implement Action 1.2.2: Develop right-of-way EV charging guidelines and a streamlined approval process to serve residents without access to garages, driveways or dedicated parking spaces.

During the adoption of the EV Readiness Plan, the Mayor and Council reviewed four options for ROW charging and recommended the following three approaches to support residential charging in the ROW, as summarized in Table 1. The city has already implemented Model 1 through a license and maintenance agreement with a commercial vendor. To implement Models 2 and 3, a standard template agreement and simplified process needed to be developed to allow a resident to install a charging pedestal in the ROW or a channel/duct system in the sidewalk or pavement to create protective conduit for removable charging cables that remains flush with the pavement.

Table 1: Residential ROW Charging Models

Model 1 Vendor Installed Public Charging Equipment in the ROW	Model 2 Resident Installed Charging Equipment in the ROW	Model 3 Resident Installed Charging Duct/Cord in the ROW
Implemented via license and maintenance agreement with commercial vendor (previously implemented with Pepco)	To be implemented via the template Declaration of Covenants agreement with resident (Attachment 1)

Use of the ROW is covered by Chapter 21 - Streets, Roads, Rights-of-way, and Public Improvements and Chapter 5 - Building and Property Maintenance Regulations applies to all public improvements to the ROW. This template includes specifics to this particular use of the ROW to protect all parties. DPW staff researched ROW agreements for EV charging utilized by Montgomery County and Takoma Park and worked with the Office of the City Attorney to develop the template.

By approving a standard template and delegating approval authority to the City Manager the approval process is more efficient while achieving the same result of expanding access to residential EV charging.

Template Covenant Requirements for EV Charging

An applicant, typically residential property owners, will be solely responsible for the installation, repair, replacement and removal of such private amenities. The agreement includes indemnity clauses, insurance requirements, and inspections through the permitting process.

By signing this agreement, the property owner agrees to:

• Indemnify and hold harmless the City against any and all liability, loss or damage in connection with the private improvements;

• Ensure that any charging cable located withing the public ROW is fully flat and flush before, during, and after charging; and

• Regularly inspect the charging equipment to ensure it is safe and in good working order.

The property owner also agrees to not take the following actions in the public ROW:

• Reserve or rent the on-street parking space where the EV charger is located;

• Place signs or items in the public ROW to reserve a parking space; or

• Obstruct the movement of drivers, cyclists, or pedestrians traveling upon any public street, sidewalk or causing a hazard.

The property owner also agrees that the city may remove any or all private improvements in its sole discretion to, among other things, maintain, repair, or install city infrastructure or ensure the public health, safety, or welfare.

Process

The property owner must apply for a public works permit and electrical/building permits for the EV charging equipment. Certain site conditions must be met to allow for installation, such as compliance with existing parking requirements and proper distances from street trees, utilities, fire hydrants, and intersections. The EV charging improvements undergo engineering and building code approvals and inspections by the Departments of Public Works and Community Planning and Development Services. All Declarations of Covenants are reviewed for legal sufficiency by the Office of the City Attorney.

Upon execution and recording, the agreement will run with the land and become a binding instrument upon the property owner and any subsequent owners. The Owner may terminate the agreement if the equipment is no longer needed and return the ROW to its previous condition. The city may terminate the agreement upon finding that the private uses are contrary to public safety, health or welfare.

Mayor and Council History

This is the first time this agreement template has been brought before the Mayor and Council. During the February 24, 2025, EV Readiness Plan work session, the Mayor and Council provided guidance on suitable residential right-of-way (ROW) and curbside charging options and identified measures to include in the program to protect public safety and ADA accessibility, indemnify the city, manage costs for EV owners, and balance other uses of the ROW.

Public Notification and Engagement

The extensive community engagement process conducted between 2022 to 2024 for the Electric Vehicle Readiness Plan informed the need to develop ROW charging options and a simplified process to expand equitable charging for residents without designated parking in garages or driveways.

Boards and Commissions Review

Environment Commission members reviewed a draft agreement template and provided feedback. The template agreement was updated to address concerns, making it simpler and written in clear language to better meet residents’ needs, while maintaining legal sufficiency.

Next Steps

If approved by Mayor and Council, staff will develop guidance materials to outline the process for permits, agreement execution, inspections, operations and maintenance. The City Manager will ensure ensuing agreements for EV charging equipment in the ROW are reviewed and approved by the Department of Public Works and in a form approved by the Office of the City Attorney, and subject to the recordation of such documents in the Land Records of Montgomery County prior to the issuance of associated public works permits.