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Does the bill specify paving roads?
Point being: "road" is not defined, so you get whatever "they" decide is appropriate, and the County Code doesn't say anything about "improvements less than pavement" because it's written from the perspective of "a public road".
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The county currently is responsible for maintaining a number of unpaved roads, with Beach Road being a prime example. Again, the proposed bill says "repair and maintenance" and not "improvement."
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Again, the proposed bill says "repair and maintenance" and not "improvement."
Right: careful precision concrete work to repair and maintain the native potholes, because filling them in might be an improvement.
Note also that the work is per County discretion, nowhere is it suggested that owner/resident input might be relevant.
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maintain the native potholes
If Catholic missionaries had arrived in the islands first, we'd be told it's because the potholes collect holy water.
The sign of a genius is that he talks louder after he finishes talking.
"I'm at that stage in life where I stay out of discussions. Even if you say 1+1=5, you're right - have fun." - Keanu Reeves
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The county currently is responsible for maintaining a number of unpaved roads
I admit to not reading the entire Code, but I haven't run across any statutory authority to maintain unpaved roads, even when they are owned by County.
Beach Road appears on the RIL inventory, which means it's a "Government Road", rather than a "privately owned road", apparently this makes all the difference: County is forbidden from providing material assistance to "privately owned" roads per Code. Unless the "privately owned" road in question is somehow of critical importance, eg, PEAR.
Plenty of rules and laws for everyone, just not all at the same time in any particular case.
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I predict in 20 years Kaloli Point will be fully built out and become so heavy it will break off and fall into the ocean....
Puna: Our roosters crow first
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Beach Road appears on the RIL inventory, which means it's a "Government Road"... County is forbidden from providing material assistance to "privately owned" roads per Code.
Fortunately HPP is not forbidden from maintaining government roads, as they take care of Beach Road within the subdivision.
The sign of a genius is that he talks louder after he finishes talking.
"I'm at that stage in life where I stay out of discussions. Even if you say 1+1=5, you're right - have fun." - Keanu Reeves
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Again, the proposed bill says "repair and maintenance" and not "improvement."
From the bill:
§ -1 Definitions. For purposes of this chapter:
..... "Maintenance" shall include the costs to management, maintenance, and repair of roads and infrastructure, and insurance costs and fees for the management and collection of assessments.....
§ -2 Road repair and maintenance. (a) A lot owner in a subdivision that is not a planned community shall pay assessments, as provided by this chapter, necessary for the repair, maintenance, and improvement of the subdivision roads.....
No definition is provided for "improvement", nor is it included in the definition for "maintenance".
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No definition is provided for "improvement", nor is it included in the definition for "maintenance".
Nor do they define "repair".
Here's an example of why "definitions" are important.
Section 25-5-70. Purpose and applicability.
The A (agricultural) district provides for agricultural and very low density agriculturally-based residential use, encompassing rural areas of good to marginal agricultural and grazing land, forest land, game habitats, and areas where urbanization is not found to be appropriate.
Is HPP "very low density"? Is Nanavale not "urbanized"? Were the rules "silently ignored", or are the subdivisions somehow "within the definition" of Ag zoning?
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Here's an example of why "definitions" are important.
I think your example illustrates why "definitions" are UNimportant....when desired to be.
