[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.