Hawaii 2022 Regular Session

Hawaii Senate Bill SB2175 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 2175 THIRTY-FIRST LEGISLATURE, 2022 STATE OF HAWAII A BILL FOR AN ACT Relating to Private Roads. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 2175
4	4	THIRTY-FIRST LEGISLATURE, 2022
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	2175
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13	13	THIRTY-FIRST LEGISLATURE, 2022
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	Relating to Private Roads.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds that there is a duty by subdivision lot owners to contribute to the maintenance of the private roads abutting their lots. The purpose of this Act is to: (1) Ensure that private roads are properly maintained in subdivisions without existing procedures in place to maintain the privately owned roads, by directing the counties to create special improvement districts; and (2) Prohibit the approval of new subdivisions with ten or more residential lots unless effective mechanisms or procedures are in place to adequately maintain any private roads within the subdivision. SECTION 2. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to part V to be appropriately designated and to read as follows: "§46- Special improvement district; subdivision private roads; maintenance. (a) For existing subdivisions with private roads that do not have procedures in the subdivision's bylaws or elsewhere to maintain the subdivision's privately owned roads, the county in which the subdivision lies shall create a special improvement district, pursuant to section 46-80.5. (b) All special improvement districts created pursuant to subsection (a) shall include all private roads within the pertinent subdivision and all lots abutting the private roads. (c) The county shall levy and assess a special assessment on properties located within the special improvement district, pursuant to section 46-80.5(b), for the purpose of financing the maintenance of the private roads within the special improvement district; provided that if a community association is created by the subdivision's deeds, bylaws, or elsewhere, then the community association shall be responsible for the collection of the special assessment fees. (d) For the purpose of this section, "subdivision" shall have the same meaning as in section 484-1." SECTION 3. Chapter 484, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§484- Private roads; maintenance; county approval. (a) Upon the effective date of this Act, no county shall approve a subdivision of ten or more residential lots unless the county first certifies that the subdivision has an effective procedure or mechanism in place to adequately maintain any privately owned road within the subdivision. (b) If a county approves a subdivision in violation of subsection (a), the county shall be responsible for the maintenance of all roads within the subdivision." SECTION 4. New statutory material is underscored. SECTION 5. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that there is a duty by subdivision lot owners to contribute to the maintenance of the private roads abutting their lots.
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51	51	The purpose of this Act is to:
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53	53	(1) Ensure that private roads are properly maintained in subdivisions without existing procedures in place to maintain the privately owned roads, by directing the counties to create special improvement districts; and
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55	55	(2) Prohibit the approval of new subdivisions with ten or more residential lots unless effective mechanisms or procedures are in place to adequately maintain any private roads within the subdivision.
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57	57	SECTION 2. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to part V to be appropriately designated and to read as follows:
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59	59	"§46- Special improvement district; subdivision private roads; maintenance. (a) For existing subdivisions with private roads that do not have procedures in the subdivision's bylaws or elsewhere to maintain the subdivision's privately owned roads, the county in which the subdivision lies shall create a special improvement district, pursuant to section 46-80.5.
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61	61	(b) All special improvement districts created pursuant to subsection (a) shall include all private roads within the pertinent subdivision and all lots abutting the private roads.
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63	63	(c) The county shall levy and assess a special assessment on properties located within the special improvement district, pursuant to section 46-80.5(b), for the purpose of financing the maintenance of the private roads within the special improvement district; provided that if a community association is created by the subdivision's deeds, bylaws, or elsewhere, then the community association shall be responsible for the collection of the special assessment fees.
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65	65	(d) For the purpose of this section, "subdivision" shall have the same meaning as in section 484-1."
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67	67	SECTION 3. Chapter 484, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
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69	69	"§484- Private roads; maintenance; county approval. (a) Upon the effective date of this Act, no county shall approve a subdivision of ten or more residential lots unless the county first certifies that the subdivision has an effective procedure or mechanism in place to adequately maintain any privately owned road within the subdivision.
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71	71	(b) If a county approves a subdivision in violation of subsection (a), the county shall be responsible for the maintenance of all roads within the subdivision."
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73	73	SECTION 4. New statutory material is underscored.
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75	75	SECTION 5. This Act shall take effect upon its approval.
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79	79	INTRODUCED BY: _____________________________
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81	81	INTRODUCED BY:
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89	89	Report Title: Subdivisions; Counties; Special Improvement Districts; Private Roads; Maintenance Description: Requires counties to create special improvement districts in subdivisions with privately owned roads that do not have existing procedures to maintain the private roads. Prohibits the approval of new subdivisions of ten or more residential lots unless a county can certify there are mechanisms or procedures in place to ensure the private roads are maintained adequately. Makes the county responsible for the subdivision's road maintenance if a county fails to follow certification requirements when approving subdivisions. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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97	97	Subdivisions; Counties; Special Improvement Districts; Private Roads; Maintenance
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101	101	Description:
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103	103	Requires counties to create special improvement districts in subdivisions with privately owned roads that do not have existing procedures to maintain the private roads. Prohibits the approval of new subdivisions of ten or more residential lots unless a county can certify there are mechanisms or procedures in place to ensure the private roads are maintained adequately. Makes the county responsible for the subdivision's road maintenance if a county fails to follow certification requirements when approving subdivisions.
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111	111	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.