Chapter 47 - Entry Gates

The following terms are defined for purposes of this Chapter:

1. Access Control Device - Equipment and/or machinery that opens and closes an entry gate.
2. Entry Gate - A movable partition for controlling access and egress.
3. Vehicle - Any motor vehicle which is allowed to use the public roadways in North Carolina, but not including vehicles which include trailers or semi-trailers.

1. All subdivision or community entry gates constructed hereafter shall be set back sufficiently far from public road or street access to allow for the stacking of at least 3 vehicles out of the public travel lanes on the public road or street.
2. All entry gates hereafter constructed shall have an additional setback between the point of the access control device and the entry gate shall be required to allow a vehicle which is denied access to safely turn around and exit onto a public street.
3. Approach and departure areas on both sides of a gated entrance must provide adequate setbacks and proper alignment to allow free and unimpeded passage of emergency vehicles through the entrance area.

Entry gates shall have sufficient minimum gate widths and openings to allow safe passage of all vehicles. Overhead barriers or obstructions shall provide a minimum 13 feet 6 inches of vertical clearance at their lowest point.

All plans for entry gates for which construction is not complete as of the adoption hereof shall be subject to inspection by the Henderson County Fire Marshal and Henderson County Sheriff's Department for compliance with the provisions. Once such plans are approved, the entry gate shall be constructed in compliance with such plans.

All entry gates for which construction is complete as of the adoption hereof shall be retrofitted in such manner as to be in compliance with the terms of this chapter within 6 months of the date of adoption hereof.

The developer and homeowners' association shall provide unfettered access to all private streets by emergency and law enforcement vehicles. Access procedures must ensure immediate access through the entry gates for emergency and law enforcement vehicles responding to emergencies without need of special keys or codes. This may be done by an access control device approved by Henderson County. The developer and homeowners' association shall provide and annually update documentation necessary to provide this access to the Henderson County Fire Marshal and Sheriff's Department that proposed entry gates and access procedures meet all County standards for access by emergency and law enforcement vehicles. If the homeowners' association fails to maintain reliable access for the provision of emergency or other public services, the County may enter the gated residential development and open, disable or remove any gate or device which is a barrier to access, at the sole expense of the homeowners' association. The declaration of covenants, conditions and restrictions and any other relevant documents of the homeowners' association shall include a statement to this effect.

The developer and homeowners' association shall guarantee reasonable access to all private streets by Henderson County and State of North Carolina employees operating within the scope of their official duties, and to all public utility companies to the gated residential development to perform zoning, inspections and other governmental regulatory activities, and to all public utility companies or to perform installation and maintenance activities of public utility infrastructure. A statement to this effect shall be filed with the Henderson County Sheriff's Department and appear on the final plat of all new development.