When This Chapter Applies

A. This chapter shall apply only to "old government roads" as defined in section 12.50.030 . B. This chapter shall not apply to any of the following: 1. Any road which has been dedicated or surrendered to the State of Hawaii, the County of Maui, or any other governmental entity, and is owned by the State, the County, or any other governmental entity; 2. Any road which is maintained by any governmental entity other than the County pursuant to this chapter; 3. Any "private, nondedicated and nonsurrendered roads" as defined in section 12.50.030 ; 4. Any nonvehicular public rights-of-way, including but not limited to any trails, bicycle paths, bicycle lanes, or bikeways; 5. Any alley or other roadway intended to provide access to the rear or side of lots or buildings and not intended for the purpose of through vehicular traffic; 6. Any bridges; 7. Any road which is 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 which are not applicable to all persons except as otherwise provided by law; 8. Any road which directly serves less than six parcels owned by separate individuals or entities; 9. Any road which is part of a cluster housing development, planned development, or similar type of development; 10. Any road which is a "private street" as defined in section 18.04.440 or 19.04.040 of this code; 11. Any road which is a "private street" in a subdivision pursuant to section 18.16.150 of this code; 12. Any road which the developer or subdivider is required to maintain pursuant to any provisions of titles 18 or 19 of this code, or any agreements executed pursuant thereto, or pursuant to any conditions imposed by change in zoning, conditional zoning, project district, special use permit, district boundary amendment, variance, or any other action by a governmental entity, agency or board affecting land use, or any agreements executed pursuant thereto. (Ord. 2655 § 1 (part), 1998)