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The street(s) within a residential subdivision may be allowed to be gated pursuant to the following:

A. Gated streets cannot adversely affect the automobile or pedestrian traffic of an existing or future neighborhood. This will be determined by (1) the use of gated streets would not cause discontinuity in the existing or proposed public street system (i.e., street layout) including pedestrian traffic, (2) the use of gated streets cannot preclude public street access to other properties, and (3) the use of gated streets would not distribute an unacceptable amount of traffic through an existing or future neighborhood than would otherwise result if through public streets were used.

B. Gated residential subdivisions of more than four lots can only be permitted as part of the plat process pursuant to Chapter 17.10 ACC. Existing plats, proposed to be gated, must go through a plat alteration process pursuant to Chapter 17.20 ACC as well as meet all the requirements of this section.

C. The gated streets are to be privately owned and maintained. The private streets must however meet the same design, construction, and public facility extension standards required of public streets, including approval of the construction by the city. Private streets are only allowed to serve more than six lots if part of a gated residential subdivision.

D. A legally incorporated property owners’ association must be established and assume the responsibility and cost to repair and maintain the proposed private street(s) and gate(s). The property owners must also agree to maintain a policy of liability insurance in a minimum amount of $1,000,000 of which the city is named as insured to protect the city from any claims that may result from the property owners’ utilization of a gated roadway, including but not limited to malfunctions of the gate.

If the association fails to maintain the street(s), the by-laws of the association must give the city the right to maintain the street(s) and charge the cost of the maintenance, including any administrative costs, to the association members.

The by-laws establishing the association must state that if future owners should request the private street(s) be changed to public then the owners fully agree that, before the acceptance of such streets by the city, the owners will bear the full expense of reconstruction or any other action necessary to make the streets substantially consistent with the requirements of public streets, applicable at the time.

If at any time the private streets are converted to public streets, then the gate(s) shall be removed at the expense of the association.

E. At the time of application for a preliminary plat or plat alteration the applicant shall address and provide evidence that those items as required in subsections A, B, C, D, and F of this section have been fulfilled. A preliminary plat or plat alteration shall not be approved unless it is found to meet the requirements of this section.

F. Design Standards for All Entry Gates to Residential Developments Including Residential Subdivisions, Apartment Complexes, Condominiums, and Mobile Home Parks.

1. A vehicle turnaround, turnout or similar mechanism shall be provided in front of the gate. The entrance to the proposed gate shall be designed and stamped by a professional civil engineer licensed in the state of Washington and shall allow for a safe turnaround for vehicles in front of the gate in cases where the vehicle is denied entry. The design for the gated entrance shall consider the abutting public roadway alignment and grade, sight distance, posted speeds and other engineering criteria relevant to designing the particular gated entrance. The proposal shall be reviewed for approval by the city engineer.

2. Gate construction shall be of wrought iron or similar material approved by the planning director and be constructed in such a manner to allow for viewing of obstructions located within the swing path of the gate. The swing path of the gate shall be away from or parallel with the vehicle approaching the gate. The gate and accessory equipment shall be coated to prevent corrosion.

3. If the entry gate(s) obstructs access to solid waste collection, public water, sewer, or storm water utilities owned and maintained by the city, then a property owner or homeowners’ association will be required to meet all easement requirements and be responsible for assuring that 24-hour access is provided to the city. The city’s public works director shall determine a specified number of activation keys, activation devices or receive the access code to the gate which shall be distributed to the appropriate city departments. If the access method to the gate is subsequently modified, then the property owner or homeowners’ association shall notify the public works director and again provide to the public works director a specified number of activation keys, activation devices or the access code to the gate which shall be distributed to the appropriate city departments.

4. Emergency Access Provisions. Gates shall have rapid entry key capabilities as approved by the fire marshal. The gate shall provide for 20 feet of clear passage for emergency access with a minimum clear height of not less than 16 feet six inches in accordance with WSDOT Design Manual Section 1120.04, “Bridge Site Design Elements,” paragraph 5(a)1. Electrically operated gates shall have the capability to automatically default to the unlocked (open) position in the event of a power outage. (Ord. 6245 § 15, 2009.)