Requesting road work on a private road

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 eligibility criteria for assistance set out in section 14-162. (b) The director shall process requests for assistance as follows: (1) The director shall determine whether the subject road proposed for consideration satisfies the eligibility criteria set out in section 14-162 and notify the requester of the director’s determination within six months of the date the written request is received by the department. (2) If the director determines that the subject road satisfies the eligibility criteria set out in section 14-162, the director shall request comments from the civil defense agency, Hawai‘i fire department, police department, mass transit agency, and planning department, regarding whether the subject roads meet any or all of the following criteria: (A) The roads were created or platted before December 21, 1966; (B) The roads are necessary to maintain emergency and mass transportation access; (C) The roads can be utilized to develop emergency or alternate routes and thereby promote community safety and the public interest; or SUPP. 18 (7-2025) 14-66 GENERAL WELFARE § 14-164 (D) 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. (3) Following either the receipt of comments, or the expiration of the comment period specified in section 14-164(b)(2), the director shall identify subject roads that satisfy section 14-162 criteria and have been identified by the civil defense agency, Hawai‘i fire department, police department, mass transit agency, or planning department, as satisfying any or all of the criteria in section 14-164(b)(2). Higher priority shall be afforded to subject roads that meet two or more criteria listed in section 14-164(b)(2). (4) Feasibility. With respect to subject roads deemed by the director to satisfy the criteria in section 14-164(b)(3), the director shall assess whether the requests are feasible for assistance pursuant to this article, after consideration of: (A) The area of the requested improvements, gradings, repairs or construction work; (B) The designs and the types and amounts of materials appropriate for the improvements, gradings, repairs, or construction work, pursuant to section 14-163; (C) The estimated cost and nature of resources necessary to complete the work for each request; and (D) Appropriation and resource limitations. (c) The director, after consideration of the criteria set out in sections 14-162 and 14- 164(b)(2) and appropriation and resource limitations, shall identify requests that are feasible, if sufficient appropriations and necessary resources can be secured. (d) The director shall annually compile and submit a report to the Council by the end of January that includes the following information: (1) A summary of requests for assistance received from January through December of the previous calendar year. This summary shall also include requests for assistance received in previous years that have not been granted; (2) A list of requests found to be eligible for assistance pursuant to section 14-162; (3) A list of requests found to satisfy section 14-164(b)(2) criteria; (4) A list of requests found to be feasible pursuant to section 14-164(b)(4); and (5) An update regarding the status of requests identified as feasible in prior calendar years that have not yet been granted. (e) If sufficient appropriations and necessary resources for a road on the list of feasible requests become available, the requester must submit written approval of the proposed improvement, grading, repair, or construction work that has been determined by the director to be appropriate. Further the requester shall agree to such terms, conditions, and covenants as may be determined by the director to be 14-67 SUPP. 18 (7-2025) required for the convenience and protection of the County and the public, including but not limited to, the granting of necessary licenses, rights of entry, and easements. (f) The requirement for a written request, approval, and agreement will not apply, however, to: (1) A road over which the department exercises surface maintenance responsibilities on the day prior to the effective date of this ordinance; or (2) A road that the County determines has been dedicated by implication to public use for roadway purposes. (g) Nothing contained in this article shall be construed as prohibiting the director from requiring a written approval and agreement for work undertaken pursuant to this article. (2024, ord 24-1, sec 2.) 14-164