(a) Definitions.
GATED SUBDIVISION OR DEVELOPMENT. A subdivision or other approved development served by private streets, drives or alleys in which restricted access is controlled by a security gate.
OTHER TERMS AND PHRASES. The definition of other terms and phrases, including the design, construction and installation thereof, as used in these regulations, shall be the same as for those described in the city’s zoning and subdivision regulations.
PRIVATE STREET. A private vehicular access way, shared by and serving three or more lots or dwelling units, which is not dedicated to the public nor publicly maintained. PRIVATE STREETS and private alleys, as established in compliance with the subdivision and zoning regulations, may provide access to a “gated” subdivision or other development, from a public street or way.
SECURITY GATE. A single or paired gate which is designed, installed, and electronically and/or manually operated to provide limited controlled vehicular and/or pedestrian access restriction to a subdivision or development. The word GATE shall mean the same as SECURITY GATE.
(b) Requirements. Gated subdivisions and related developments shall meet the following requirements.
(1) Conformance with city regulations. The general provisions of all city codes will apply to these regulations. All development plans concerning private streets or gated subdivisions are subject to review and approval by the fire marshal, and director of transportation and public works.
(2) Excluded streets. Streets shown on the city’s master thoroughfare plan shall not be regarded as private streets. The private street may not impact public traffic circulation or impair access to property either on-site or off-site to the subdivision or development; or impair access to or from public facilities, including schools, parks and libraries; or otherwise impair the response time of emergency vehicles.
(3) Design and construction standards: private streets. Private streets shall conform to the same standards as those regulating the design and construction of public streets.
(4) Design and installation: security gate. Any security gate design and installation shall conform to the following requirements:
a. Gate designs may incorporate one- or two-vehicular access gate sections to meet the required minimum overall gate width of 24 feet. If the entrance incorporates a median, guard house or similar structure that necessitates a divided gate arrangement, each respective gate width may be reduced to not less than 18 feet each, or as approved by the director of transportation and public works. A pedestrian access gate shall also be provided, having direct access to a public street or alley.
1. Each security gate designed and installed shall be approved by and subject to a performance test by the director of transportation and public works.
2. If a gate design incorporates an overhead feature or obstruction, the vertical clearance shall be a minimum of 14 feet measured above the crown of the finished road surface.
b. Approach and departure areas on both sides of a gated entrance shall provide free and unimpeded passage of emergency vehicles through the entrance area as required by TPW and public safety departments.
c. Secondary emergency access to a public street or alley shall be provided for all gated one- or two-family subdivisions/developments containing more than 30 lots or dwelling units. Said gate access and related mechanical or manual security appurtenances shall be approved by the city’s development services director and fire marshal.
(5) Maintenance and operations. All components of the gate system must be maintained in a normal operating condition, and serviced on a regular basis, as needed, to ensure proper gate operation. An appropriate power supply shall be provided and maintained to all electrical and electronic components at all times. Manual operated override provisions shall be incorporated therein, in the event of power failure or during repair and maintenance operations.
a. Periodic inspection. The city shall have the right to enter the subdivision or development, to periodically inspect the installed security gate and related appurtenances and equipment, at any and all reasonable times, to assess their proper maintenance and working condition. When in the city’s opinion such gate or related appurtenance and/or equipment is faulty or unduly impedes or adversely affects vehicular/pedestrian access, the city may cause and/or order the appropriate and prompt repair or removal of the gate, or device in question.
b. Responsibility for the cost of repairs/removal. The cost of such repairs or removal shall be borne by, and may be assessed to, the appropriate homeowner’s association or developer/owner of the property in question. Such action taken by the city shall include, but not necessarily be limited to, entry features and related amenities such as gate, related devices, guardhouses, mechanical/electrical equipment, landscaping and walls/fences/hedges in association therewith.
c. Owner/developer responsibilities and liabilities. The appropriate subdivision owner, developer or property owner’s association, including its officers and assigns, shall be held mutually responsible and liable for any violation of these regulations. Further, if the development is controlled and operated by a homeowner’s association, provisions shall be contained in the respective deed restrictions and association’s by-laws, referencing and incorporating these regulations therein. No homeowner’s association thus incorporating these regulations, shall amend, change or modify such without the written consent of the city.
d. Hold harmless.
1. On the subdivision “final plat,” or planned development “site plan,” shall be placed language whereby the owner, developer or property owner’s association (as owner of the private streets, gates and appurtenance) agrees to release, indemnify, and hold harmless the city. Or any other governmental entity or public utility, for damages or injury (including death) arising out of the use or operation by said entities, of any restricted security gate/entrance or related feature.
2. The indemnification applies regardless of whether or not such damages or injury (including death) are caused by the negligent act or omission of the city or governmental entity or public utility, including their officers, employees, agents or assigns.
(c) Special variance/waiver considerations for street extensions in gated subdivisions. Gated subdivisions with private streets or drives, that are designed to provide internal circulation within the subdivision and that provide adequate drainage and emergency access and egress connections to existing adjacent perimeter public streets, may be granted a waiver from extending private streets to the perimeter of the subdivision for purposes of future connections with un-platted property.
(Ord. 17794, § 12, passed 9-25-2007; Ord. 17851, § 1 (App. C, Ch. 6, Art. VII), passed 10-30-2007; Ord. 24030-02-2020, § 23, passed 2-4-2020)