GATED COMMUNITIES: PUBLIC SAFETY ACCESS ORDINANCE
Section 100.01.
Definitions
For the purposes of this section, the following words shall have the following
meanings:
Key Box - A secure, tamper-proof device with a lock operable only by a fire
department,
police
department, or emergency services department master key,
and containing building entry keys and
other
such devices that may be required
for access in an
emergency.
Gated Community - A Residential Development consisting of 5 or more land
or
housing
units, Commercial or Industrial Development consisting of one or
more units, or accessory uses which
are
enclosed within a geographical area by
restrictive
gates.
Gates - 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 roadway.
Ingress/Egress - The point where vehicles or pedestrians enter and exit a
development.
Private Streets - Internal streets that are not owned or maintained by the
North
Carolina Department
of Transportation and that are owned and
maintained by an entity responsible for upkeep
and
maintenance, such as a
homeowners association, community group, property management company,
or
similar type of
organization.
Section 100.02.
Intent
The intent of this section is to regulate the installation and construction of all
electronic
access
gates into private developments and/or uses, while also
allowing for the safe and efficient ingress
and
egress for fire, police,
emergency, and public works
personnel.
Section 100.03.
Requirements
The following are requirements for new and existing developments regarding
the construction
of
gates around a
development:
A. The development inside the gated community shall have private
streets.
B. The location of the gate(s) shall comply with §100.04 regarding the
development requirements
for
McDowell
County.
C. The ingress/egress gates should be in working order and inspected
annually.
