[HISTORY: Adopted by the Township Board of the Township of Cannon as indicated in article histories. Amendments noted where applicable.]
[Adopted by Ord. No. 2015-6]
[Amended 10-8-2018 by Ord. No. 2018-3]
A. 
Effective fire, police, medical and other emergency response to residences located in developments, as defined herein, depends on unimpeded vehicular access to such residences.
B. 
Gates which prevent or which are capable of preventing or delaying emergency access to residences in developments, as defined herein, pose a risk to property owners and other persons due to potential delay in response.
C. 
Gates also pose a risk of injury to personnel and of damage to emergency response equipment in an emergency situation which may require forced entry through a gate.
D. 
Consistent with the public health, safety and welfare, effective means of emergency access to gated residences on large, rural or estate-type lots not located in developments, as defined herein, can be provided by means of a rapid-access device, with a master key, commonly described as a "Knox-Box®," installed at the access gate.
[Amended 10-8-2018 by Ord. No. 2018-3]
As used in this article, the following terms shall have the meanings indicated:
ACCESS ROUTE TO RESIDENTIAL PROPERTY
Access to one or more residential properties located in developments, as defined herein, whether such access is gained by private road, shared driveway or other shared access, single-use driveway, or other route which provides the primary means of access for motor vehicles from a public street to one or more single-family residences, duplexes, multifamily residences, or other place where persons reside on a permanent or temporary basis in a development.
DEVELOPMENT
A platted subdivision, conventional multiunit condominium, site condominium, planned unit development, open space preservation development, land division utilizing a shared private road or shared driveway, and other type of residential development approved by the Township which consists of at least two residential parcels or two dwellings or dwelling units. For purposes of application of this section, a compound including a group of buildings or dwellings on one or more contiguous parcels occupied on a noncommercial basis and under the ownership or effective control of one owner, as determined by the Township, will not be considered to be a "development."
GATE
Any movable or immovable fence, gate, chain, rope, pole, post, barrier or any device whatsoever that is, or is capable of, being used to prevent vehicular access to a development or to an individual lot within a development. The term does not include ornamental pillars or other landscaping features which are not capable of blocking vehicular access.
PERSON
Any individual or group of individuals, company, homeowners' association, condominium association, or any other legal entity.
[Amended 10-8-2018 by Ord. No. 2018-3]
A. 
No person shall install, permit to be installed, maintain or permit to be continued in existence any gate which prevents, or is capable of preventing, the use of an access route to any development, or any residential lot located in a development, or, except as allowed in § 244-5, any residential property.
B. 
This article is declared to be a police power measure necessary to promote the public health, safety and welfare and, accordingly, shall prohibit any existing gate that prevents vehicular access to a development or to a residential property in a development, as well as prohibiting any gate which may be installed in the future and which prevents vehicular access to a development or to a residential property in a development.
C. 
Other than as provided in Subsections A and B above, this article does not prohibit gates which otherwise comply with applicable laws or ordinances.
[Amended 10-8-2018 by Ord. No. 2018-3]
This article shall supersede any other Township ordinance, regulation, land use decision or other Township regulatory provision that is contrary to the provisions of this article.
[Added 10-8-2018 by Ord. No. 2018-3]
A. 
A gate, barrier or similar device which prevents vehicular access to a residential parcel of land, a dwelling or dwelling unit that is not located in a development is permitted only if all of the following are satisfied:
(1) 
The property is located in the RR Rural Residential District;
(2) 
The property, including one or more contiguous parcels occupied on a noncommercial basis and under the ownership or effective control of one owner, as determined by the Township, has an area at least five times the minimum lot area of the zoning district; and
(3) 
The gate or other barrier shall include an operating rapid-access device, commonly known as a "Knox-Box®," with a master key or similar access device, whereby access by emergency vehicles and personnel through such gate, barrier or similar device may readily be obtained. The gate and the rapid-access device shall be constructed to specifications approved by the Township Fire Chief, and the installation approved by the Fire Chief.
B. 
The access device shall match the keys or access devices used by the Fire Department to open the other Knox-Boxes® installed in the Township and the Fire Departments of neighbor communities who may respond to the location. In addition, the gate shall be equipped with a keypad programmed to accept the county-wide emergency code.
C. 
The installation and use of a gate, barrier or similar device that prevents access to a residential property not in a development, without concurrent installation and operation of a Knox-Box® and the providing of the master key or access device thereto, as described in this section, shall be a violation of this article. Any existing gates which are permissible under Subsection A above must comply with all requirements of this section.
D. 
All rapid-access devices, master keys and other equipment shall be installed and furnished at no cost to the Township. Once installed, such rapid-access devices shall be maintained in an operable condition and updated at the property owner's expense if a new master key or other unlocking device or other equipment or procedures used by the Township requires upgrading of the rapid-access device.
E. 
The gate shall comply with provisions for fences in § 450-3.27, Fences, of Chapter 450, Zoning, or any successor provision governing fences.
F. 
The gate shall open to a width of at least 14 feet.
G. 
A person desiring to install a gate shall make application to the Township Zoning Administrator, including a sketch showing the location of the gate, its height, its opening width, its design, and the specifications for the Knox-Box® access system, demonstrating compliance with the requirements of this article. The application shall be reviewed by the Township Zoning Administrator and Fire Chief and approved if in compliance with this article. No gate shall be installed prior to such approval being given and all other proper permits being obtained.
A. 
In addition to the penalties provided for herein, the Township may, in its discretion, enforce this article by any and all available remedies. Any violation of this article is determined to be a nuisance per se and an immediate public health, safety and welfare hazard, and shall be subject to abatement proceedings.
B. 
In addition to other penalties provided for herein, any person who violates this article shall be liable to the Township, Kent County Sheriff Department, or any other emergency responder in appropriate court proceedings for injury or damage to a person or equipment resulting from violation of this article.[1]
[1]
Editor's Note: Original Subsection C, regarding violations as civil infractions, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See now Ch. 70, Violations and Penalties.