§ A.2.4 PRIVATE RIGHT-OF-WAY CONSTRUCTED AND DEDICATED TO AN HOA.
   The landowner/developer shall determine the location and size of rights-of-way to be provided and the standards for the design and construction of the roadway and drainage systems, provided that all private rights-of-way comply with the applicable requirements of this appendix including, but not limited to, the requirements contained in divisions (A) and (B) below. The landowner/developer shall secure the necessary licensed, professional personnel to prepare designs, obtain required approvals and permits, and oversee construction.
   (A)   Prior to issuance of zoning permits for land development activities other than construction of ingress/egress easements and private rights-of-way, installation of required street signs, additions/ renovations to existing structures that are legally permitted, and new construction of accessory structures, all private rights-of-way shall be:
      (1)   Constructed in the location shown on the approved, recorded plat;
      (2)   Constructed to comply with the International Fire Code, as adopted by Town Council, from their point of connection to an existing publicly owned and maintained right-of-way to lot(s) proposed for development; and
      (3)   Inspected pursuant to § A.2.7 of this appendix.
   (B)   The Directors of the Zoning and Planning Department may allow use of a portion of a private right-of-way that was constructed prior to July 18, 2017 that cannot comply with the width clearance requirements of the International Fire Code when: (a) the Director determines that moving the private right-of-way to a different location is not possible due to site constraints, property size, Grand Trees, wetlands, etc.; (b) the applicant submits letters from the providers of emergency services for the subject properties stating they can access all properties utilizing the private right-of-way and (c) all future portions of the private right-of-way comply with the International Fire Code.