BIL 082 Draft 01 2022-2024 - Laserfiche WebLink

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Section 14-26-6. Process to request improvement, grading, repair, or construction work upon private, nondedicated, and non -surrendered roads, resolution. (a) The requester for a private, nondedicated, and non -surrendered road, may initiate and submit a written request to the director for assistance to improve, grade, repair, or do construction work upon a subject road. The request shall specify the area and nature of the requested improvement, grading, repair, or construction work and provide evidence that demonstrates that the request satisfies the criteria for assistance set out in section 14-26-4. (b) The director shall determine whether the subject road proposed for consideration satisfies the criteria set out in section 14-26-4 and is consequently eligible for further consideration. The director shall notify the requester of the director's determination within six months of the date the written request is received by the department. (c) The director shall request comments from the civil defense agency, Hawaii fire department, mass transit agency, and the planning department, regarding whether the subject roads found to satisfy section 14-26-4, meet any or all of the following criteria: (1) The roads were created or platted before December 21, 1966; (2) The roads are necessary to maintain emergency and mass transportation access; (3) The roads can be utilized to develop emergency or alternate routes and thereby promote community safety and the public interest; or (4) The roads can be integrated into public transportation routes for mass transit, multi- modal transportation systems, or department of education bus routes. These agencies and departments shall respond to the director's request for comment within thirty calendar days from the date the request for comment is received. If any agency or department does not respond within this time, the director may proceed without their input. (d) The director shall identify subject roads that have satisfied section 14-26-4 criteria and have been identified by the civil defense agency, Hawaii fire department, mass transit agency, or the planning department, as satisfying any or all of the criteria in subsection (c). Higher priority shall be afforded to subject roads that meet two or more criteria listed in subsection (c). (e) With respect to subject roads deemed by the director to satisfy the criteria in subsection (d), the director shall determine: (1) The area of the requested improvement, grading, repair, or construction work requested; (2) The design and the type and amount of materials appropriate for the improvement, grading, repair, or construction work, pursuant to section 14-26-5; (3) Whether the work will be a one-time project, or ongoing work that will be done on a periodic basis to help maintain the improved condition of the subject road; (4) If the work will be done on an ongoing basis, a termination date for County assistance, if applicable;