47-6. Access for Emergency and Law Enforcement Vehicles

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.