[HISTORY: Adopted by the Township Committee of the Township of Colts
Neck 11-8-1995 (Ch. 30 of the 1969 Code). Amendments noted where applicable.]
[Amended 1-29-1997]
The increasing tendency to install gates, and, in particular, mechanical
gates, in order to control vehicular and pedestrian access to private streets
and driveways for the purpose of improving security creates a counterbalancing
public safety hazard by restricting access of police, fire safety or other
emergency vehicles or personnel, absent measures which guarantee access by
such vehicles or personnel in a timely, nondestructive and otherwise
effective manner. The purpose of this chapter is to ensure that such measures
are taken.
As used in this chapter, the following terms shall have the following
meanings:
A gate, crossbar, door or other obstructive device which is utilized
for the purpose of restricting, controlling or obstructing entry or exit by
motor vehicles or pedestrians to or from a private street, and which is not
manned on a twenty-four-hour, seven-day-per-week basis by a person capable
of providing immediate access by a police or fire safety vehicle or personnel.
An undedicated street or driveway which is utilized for the purpose
of providing vehicular access to a subdivision, multifamily residential development
or single-family residence.
The Colts Neck Police Department.
[Amended 8-28-1996; 1-29-1997]
A.
From and after the effective date of this chapter, it
shall be unlawful for any person or entity to install a mechanical gate or
suffer or permit any such gate installed after such effective date to remain
on any premises within the township unless either:
(1)
The mechanical gate is equipped with an emergency override
control device, purchased through the Police Department at a cost which shall
not exceed the actual cost of the purchase of such device by the Police Department,
including mailing or delivery costs. Such emergency override control devise
shall be installed in accordance with the manufacturer's specifications and
shall permit access to the private street by police, fire safety and other
emergency vehicles or personnel. The emergency override control device shall
be a key-operated type switch, lockbox key control or similar mechanism approved
by the Chief of Police. Keys for the operation of such device shall be maintained
in the sole possession of the Police Department. Such emergency override control
device shall be installed within 10 feet of either side of the opening enclosed
by such gate and at a height of between 3 feet to 5 feet from grade level.
(2)
The Chief of Police certifies, in writing, to the Construction
Official that the installation of such mechanical gate will not impair the
timely or safe access of police, fire safety or other emergency vehicles or
personnel to the private street in question.
B.
In no event, however, shall any gate, whether mechanical
or otherwise, be installed which shall have an entry way of less than 13 feet
in width. In addition, no arch or other structural member shall be installed
spanning the entry way of any such gate, or mechanical gate, which shall be
less than 15 feet in height, at any point, from the grade elevation of such
entry way.
The owner of any premises upon which a mechanical gate shall have been located prior to the effective date of this chapter may purchase an emergency override control device of a type approved by the Chief of Police from the Police Department, which shall be installed on such gate in accordance with the requirements of § 153-3 of this chapter. The purchase price for such device shall be the actual cost of the device paid by the Police Department as provided for in such section. The requirements of this chapter shall be in addition to any other requirements for the issuance of a construction permit or other approval required by law in connection with the installation of any such gate.
[Amended 10-8-1997; 3-8-2006]
A violation of any provision of this chapter shall be punishable as provided in § 1-9 of this Code.
