Report Title:

Subdivisions; Public Access

Description:

Clarifies that where public access is required as a condition of a subdivision, either the county must accept dedication of and maintain the access or identify an entity to own and maintain the access.  Authorizes county to require subdivider to provide establishment of a stewardship fund for maintenance purposes.

HOUSE OF REPRESENTATIVES	H.B. NO.	544
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

relating to public access.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 46-6.5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  Upon the dedication of land for a right-of-way, as required by this section [and acceptance by the county], the county concerned shall [thereafter] either:

(1) Accept the dedication and assume the cost of improvements for and the maintenance of the right-of-way[, and the subdivider shall accordingly be relieved from such costs.]; provided that the county may require, by ordinance, that the subdivider establish and initially fund a stewardship fund to be controlled by the county for the improvement and future maintenance of the right-of-way; or

(2) In the alternative to the county accepting dedication of the right-of-way, require, by ordinance, that the subdivider, or the subdivider's successor in interest in the form of a planned community association, improve and maintain the right-of-way."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

INTRODUCED BY:

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