A. Gates Across Public Streets: Gates shall not be permitted across any public street.
B. Single Site Commercial Developments: A commercial use located on a single lot or parcel in a nonresidential zone may be permitted to include gates when approved by the planning commission as a part of a site plan or site plan amendment, as applicable, for the development pursuant to section 9-5-090 of this title. In addition to the site plan approval standards and criteria, an applicant desiring to include a gate as part of a single site commercial development shall demonstrate to the satisfaction of the planning commission that the primary purpose of the gate is to provide safety and security for the property located within the gated area by regulating access for motor vehicles to the area. Any gate approved under this subsection should be equipped and maintained with an operating device as approved and provided for under subsection D3 of this section to ensure safety.
C. Subdivisions: Subdivisions, whether commercial or residential, may be permitted to include gates across private streets when approved as a conditional use in accordance with the provisions set forth in section 9-5-080 of this title regarding conditional use permits, and when the applicant can demonstrate to the satisfaction of the planning commission that:
1. The gates will not block or impede vehicular or pedestrian transportation on any public street inside or outside of the subdivision. Gates shall not be permitted across any public street;
2. Pedestrian access into the subdivision will not be impeded;
3. No constructed or city desired trail or public transportation feature will be affected by the installation of gates;
4. The implementation of gates for the development does not adversely affect or inhibit the connectivity of the city's public transportation system;
5. The gating of the development will not impose added pressure upon any right of way identified within the Draper City master transportation plan beyond that which would be reasonably anticipated if the development was not gated.
6. A homeowners' association adequately established to address the fiscal needs of operation and maintenance of the development's gates and streets, is or will be formed that will be responsible for any liability, maintenance, repairs, and all other responsibility associated with the implementation of the gates for the duration of time that the gates are present. Should the homeowners' association be found, at any point in time, to be unable, unwilling, or derelict in the operation and/or maintenance of the streets or gates of the development, the gates shall be removed or left in an open position, as determined by the planning commission through the revocation of any and all conditional use permit(s) pertaining to the gates; and
7. All gate development standards, as outlined in subsection D or E, and F of this section, can and will be met.
D. Subdivision Gate Development Standards: All subdivisions which desire to include gated access points shall meet all of the following development standards:
1. All secondary subdivision entrances proposed to be gated shall be required to conform to the same standards as the primary entrance(s).
2. All gates which cross lanes of traffic entering the subdivision shall swing toward the interior of the subdivision.
3. All gates shall be equipped with a siren operated sensor, optical emergency strobe system, or other system that is approved by and at the choice of the fire department and the Draper City police department to allow access and egress to the subdivision for emergency personnel without causing a delay in response time. Any such system which requires "line of sight" operation shall be installed in such a location and manner as approved by the fire department and the Draper City police department. All such access and egress points shall have a universal lock box installed as a backup mechanism in place which can be operated by one person and is acceptable to and chosen by the fire department and the Draper City police department for the event of failure of the primary system.
4. All gated access/egress points shall provide a minimum travel lane width of fifteen feet (15') for each lane. Such lane width shall be provided for not less than sixty feet (60') on either side of the gate.
5. Gates shall not be located closer than fifty feet (50') from the edge of any adjoining right of way.
6. All gated access points shall provide a secondary "pull out" lane at each entrance with a call box mechanism that allows visitors to contact residents of the development for access without causing vehicle stacking at the entrance or onto adjoining street(s). An example is shown in figure 9-27-200-1 of this section. Units within the development shall be equipped with a call box device which allows residents/tenants to open the entrance gate(s) without leaving the unit.
7. Gating of residential developments shall implement a wireless access system for residents of the development to prevent vehicular stacking at entrance points.
8. Locking devices used with the gate(s) shall be reviewed and approved by the fire department and the Draper City police department.
9. All streets within the gated development shall meet the minimum width requirements of the fire department and the Draper City engineering department to allow for safe maneuverability of emergency apparatuses with on street parking. Street widths may be reduced through the approval of the city council following recommendation from at least the planning commission, fire department and the Draper City engineering department upon satisfaction of the same that on street parking will be reduced or eliminated within the development. No on street parking shall be allowed within one hundred fifty feet (150') of gated development access and/or egress points.
10. The developer shall provide and ensure maintenance for lighting at all gated entrances, in addition to that required for the development, in order to ensure pedestrian and vehicular safety.
11. No lot or unit driveway shall be allowed within one hundred feet (100') of any gated point of access or egress for the development.
12. In the event a gate is inoperable or in need of repair, the gate shall remain in an open position until such time that adequate repairs can be made. The Fire Department and/or Draper City Chief of Police shall have the right at any time to require gate(s) remain in an open position if they have reason to believe the gate(s) are not functioning properly or that the gates provide a potential hindrance to response times beyond that accepted at the time of approval for the gate(s).
13. A single master water meter shall be placed on the trunk line(s) providing culinary water service to the entire development with the homeowners' association being the responsible entity billed for all water consumption. The master meter shall be placed outside of the gates at or near the primary entrance to the development, as determined by the Draper City Engineering and Public Works Departments. The homeowners' association shall be liable for making payments to the City for culinary water service for the development. If the homeowners' association is unable or does not make the payments for the culinary water service, the City shall shut off service to the development at the master meter.
E. Emergency Access Gate Standards: Gates at emergency access entrances shall comply with the following standards:
1. All roadways at gated emergency access entrances shall have a minimum unobstructed width of twenty feet (20') that shall extend at least thirty feet (30') on either side of the gate. All other portions of the roadways shall comply with this Code.
2. Gates shall be designed so that they do not cross into the public right-of-way or adjacent traffic lanes outside the subdivision.
3. Hinged gates shall swing toward the interior of the benefited subdivision. If more than one subdivision is benefitted by a gate, then Draper City shall have the authority to determine the direction of the gate's swing.
4. Locking devices used with emergency access gates shall be reviewed and approved by the Draper City Fire and Police Departments.
5. Electric gates must operate in a fail-safe mode so that the gates unlock and can be operated manually when electrical service is interrupted. Gates shall be constructed to allow manual operation by one person.
6. All gates shall be equipped with a siren operated sensor, optical emergency strobe system, or other system that is approved by, and at the choice of, the Draper City Fire and Police Departments to allow access and egress to the subdivision for emergency personnel without causing a delay in response time. Any such system which requires "line of sight" operation shall be installed in such a location and manner as approved by the Draper City Fire and Police Departments. All such access and egress points shall have a universal lock box installed as a backup mechanism in place which can be operated by one person and is acceptable to and chosen by the Draper City Fire and Police Departments for the event of failure of the primary system.
7. Pedestrian ingress/egress shall not be impeded and pedestrian access shall be maintained through the gated area to meet the requirements of the Building Code.
8. Lighting, as determined by Draper City, shall be required at all gated emergency access entrances for safety.
9. The homeowners' association(s) and/or the developer in control of the subdivision(s) benefitted by the emergency access gate (the "responsible party") shall be required to install and maintain all emergency access gate facilities in a working and operable condition. The responsible party shall also be required to provide and ensure the maintenance of electricity and lighting at all gated emergency access entrances. In the event an emergency access gate becomes inoperable, the responsible party shall be required to restore the gate to an operable condition acceptable to the Draper City Fire and Police Departments within twenty (20) days from the date of discovery of the gate's inoperability. A responsible party shall be subject to a fine as outlined in the consolidated fee schedule for each day an emergency access gate remains inoperable beyond the twenty-day grace period.
10. In the event a gate is inoperable or in need of repair, the gate shall remain in an open position until such time that adequate repairs can be made. The Draper City Fire and Police Departments shall have the right at any time to require a gate to remain in an open position if they have reason to believe the gate is not functioning properly or that the gate provides a potential hindrance to response times beyond that accepted at the time of approval of the gate.
F. Fire Apparatus Access Road Gate Standards: In addition to the applicable standards of subsection D or E above, gates securing a fire apparatus access road shall also comply with all of the following criteria:
1. Where a single gate is provided, the gate width shall be not less than twenty (20) feet. Where a fire apparatus road consists of a divided roadway, the gate width shall be not less than twelve (12) feet.
2. Gates shall be of the swinging or sliding type.
3. Construction of gates shall be of materials that allow manual operation by one person.
4. Gate components shall be maintained in an operative condition at all times and replaced or repaired when defective.
5. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices must be approved by the fire marshal.
6. Methods of locking shall be submitted for approval by the fire marshal.
7. Electric gate operators, where provided, shall be listed in accordance with Underwriters Laboratories (UL) standard 325.
8. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of American Society for Testing and Materials (ASTM) specification F2200. (Ord. 722, 12-12-2006; amd. Ord. 1349, 9-4-2018; Ord. 1479, 2-16-2021; Ord. 1488, 5-4-2021)