HomeMy WebLinkAboutCOM 0496.049 2022-2024Dr. Holeka Goro Inaba
Council Member, District 8, N. Kona
NCO
4901M
HAWAPI COUNTY COUNCIL
County of Hawai'i
West Hawai'i Civic Center, Bldg. A
74-5044 Ane Keohokalole ffity.
Kailua-Kona, Hawai'i 96740
December 20, 2023
Heather L. Kimball, Chairperson
and Members of the Hawaii County Council
Dr. Holeka Goro Inaba, Council Member
Council District 8
Office: (808) 323-4280
Entail: holekti.inaba(�z),hawciiicoitnty.gov
SUBJECT: Proposed Amendments to Bill No. 82, Draft 3; an Ordinance Amending Chapter 2,
Article 9, Section 2-40 and Adding a New Article to Chapter 14 of the Hawai'i
County Code 1983 (2016 Edition, as Amended), Relating to Improving, Grading,
Repairing, or Construction Work Upon Private, Nondedicated, and Non -
Surrendered Roads.
Please find below proposed amendments to Bill No. 82, Draft 3. The proposed amendments are
illustrated below in Ramseyer format with respect to the contents of Bill No. 82, Draft 3;
material to be deleted is bracketed and stricken, and material to be added is underscored.
SECTION 2 of Bill No. 82, Draft 3, is amended by amending section 14-26-3 to read as follows:
"Section 14-26-3. Powers and duties of director.
Upon request and subject to [eeuneil at4hefization,] the availability of appropriations [fl
and necessary resources, the director may improve, grade, repair, or do construction work
upon 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."
SECTION 2 of Bill No. 82, Draft 3, is amended by amending section 14-26-4 to read as follows:
"Section 14-26-4. Eligibility criteria to be considered.
Subject to the availability of appropriations and necessary resources, the department
may improve, grade, repair, or do construction work by remedial patching, resurfacing,
paving, or [ethef ifflpf!evements as defined in section 14 26 5-,] installation of signs, markipg,,
and lighting, upon those portions of private, nondedicated, and non -surrendered roads that
have been determined by the director to meet the following criteria:
(1) The subject road has not been dedicated or surrendered to the County or any other
governmental entity, and is not otherwise owned by the County or any other
governmental entity; Comm. N
Ref. To:
Ref• Dat4e X C ?
HawaN . County A an Equal Opportunity Provider and Employer O�,2 0 E2: i�,
(2) The subject road is not maintained by any governmental entity other than the
County pursuant to this article;
(3) The subject road is open to, serves, and benefits the general public;
(4) The subject road is not signed, marked, delineated, fenced, barricaded, or otherwise
designed, constructed, or operated to exclude access by the general public, in whole
or in part, which may be through such means as signs indicating that the road is a
"private" road, or any restrictions on parking that are not applicable to all persons
except as otherwise provided by law;
(5) The subject road directly serves one of the following:
(A) Fifty or more contiguous parcels;
(B) Fifty or more residential structures; or
(C) A parcel of land which has two or more condominium buildings or apartment
buildings that contain twenty-four or more condominium or apartment units;
(6) The subject road is not part of a cluster plan development, planned unit
development, or similar type of development;
(7) Improving, grading, repairing, or construction work upon the subject road by the
County will be practicable and safe;
(8) The developer or subdivider of the subject road has not agreed to maintain the
subject road in perpetuity;
(9) Improvement, grading, repair, or construction work upon the subject road surface
will increase the safety of motorists, bicyclists, and pedestrians or is otherwise in
the public interest;
(10) The requesters demonstrate a lack of ability to improve, grade, repair, or perform
the construction work requested pursuant to section 14-26-6 and supply
documentation to this effect;
(11) The subject road does not suffer such design defects as to make use of the subject
road hazardous to the general public regardless of improvement, grading, repair, or
construction work; and
(12) The County is provided legal access and right of entry to work within the roadways
and adjacent areas necessary to complete the work."
SECTION 2 of Bill No. 82, Draft 3, is amended by amending section 14-26-5 to read as follows:
"Section 14-26-5. Allowable work upon private, nondedicated, and non -surrendered
roads.
(a) Paved private, nondedicated, and non -surrendered roads shall be improved, graded, or
repaired by:
(1) Remedial patching with like materials, for example:
(A) Asphalt concrete shall be used for asphalt concrete paved roads;
(B) Portland cement concrete or asphalt concrete, as determined by the director,
shall be used for Portland cement concrete paved roads; or
(C) Gravel for gravel.
(2) Resurfacing, if the director determines that the pavement is in such poor condition
that remedial patching is impractical and not cost effective.
(3) Installation of signs, marking, and lighting.
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(b) Unpaved private, nondedicated, and non -surrendered roads shall be improved, graded,
or repaired by:
(1) Remedial patching with like materials, for example:
(A) Coral for coral; or
(B) Gravel for gravel.
(2) Paving with asphalt concrete material, if the director determines that the road
surface is in such poor condition that remedial patching is not cost effective and
does not serve the best interests of motorists, bicyclists, and pedestrians, and
available funds and resources permit.
(3) Installation of signs, marking, and lighting.
(c) Improvement, grading, repair, or construction work performed by the County pursuant
to this article, shall not include installation or maintenance of curbs, shoulders, gutters,
drainage facilities, or similar infrastructure, provided that speed humps that are
removed as part of the County's improvement, grading, repair, or construction work
upon private roads may be reinstalled by the County if the director determines that the
conditions for reinstallation have been met. [Signs, inafk:ing, and lighting that wef-e
eithef femoved as part of the Gount�,'s impfevement, grading, fepaif, Of eoristfuetion
wofk upen pfivate feads, of nonexistent pfief to the wofk, may be feinstalled of
installed if the difeetef deems neeessafy]"
A draft copy of the bill that would result if these proposed amendments are adopted is not
attached.
Thank you.
HGI/wpb
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