BIL 063 Draft 01 2022-2024 - Laserfiche WebLink

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i "Person or persons having the right to control the use"means the person or persons having the legal right to make decisions as to the use, improvement,repair and maintenance of a road or other property, sign agreements with respect thereto, and bind all other persons having rights in or to such road or other property, whether such other persons are owners of the fee title to the road or other property, are holders of roadway easements, or have some other interest in the road or other property. i "Private, nondedicated, and non-surrendered roads"means streets, roads, highways, ways, or lanes used for purposes of vehicular traffic that are owned, in whole or in part, by persons other than governmental entities and which have not been dedicated or surrendered to the County in accordance with section 264-1(e)(1) and (2), I4awai`i Revised Statutes. The term "private, nondedicated, and non-surrendered roads"includes any associated bridges and bicycle lanes as the latter term is defined in section 291C-1, Ilawai`i Revised Statutes, but does not include any trail or other nonvehicular right-of- way or any alley or bicycle path as those terms are defined in section 291C-1, Ilawai`i Revised Statutes. "Speed hump"means a gentle rise in the profile of the road that is used to regulate the speed of a vehicle. Section 14- . Powers and duties of director. Subject to the availability of appropriations, the director may: (1) In response to requests from a person or persons having the right to control the use of a private, nondedicated, and non-surrendered road, construct, place and remove surface maintenance, by either remedial patching, resurfacing, or paving, for those portions of private, nondedicated, and non-surrendered roads that have been determined by the director, in the director's discretion, to meet the criteria set forth in this article; (2) Determine the extent and design of, as well as the amount or type of materials to be used on the surface maintenance of any private, nondedicated, and non- surrendered road, or portion thereof, pursuant to this article; (3) Prioritize the maintenance of private, nondedicated, and non-surrendered roads that: (A) Were created or platted before December 21, 1966; (B) Can be utilized to develop emergency or alternate routes and thereby promote community safety and the public interest; or (C) Can be integrated into public transportation routes for mass transit, multi-modal transportation systems, or department of education bus routes; and (4) Adopt rules to implement and administer the provisions of this article. 2