6.2.3 Development Contributions

See Development Contributions, Section 7.

The owner shall contribute to the provision of services, reserves and recreation facilities identified as being necessary to serve the anticipated demand resulting from the subdivision of the land.

The developers shall provide any other services required at their own expense.

6.2.4 Esplanades

1. Esplanade Reserves
   
   Where subdivision occurs, creating lots less than 4 hectares or greater than 4 hectares along rivers specified in (d) below, Council shall require esplanade reserves of 20m in width. However in some circumstances it may be appropriate either to increase or decrease the width of the reserve or to establish an esplanade strip as an alternative.
   
   
   1. An esplanade reserve may be reduced below 20m in the following circumstances:
      
      
      • Where an existing structure is located within the 20m reserve and an appropriately smaller esplanade reserve can be vested;
      • Where a natural hazard protection area is operative on land that would otherwise be an esplanade reserve;
      • Where the topography limits the effectiveness of the reserve.
   2. An esplanade reserve of a greater width than 20m may be taken in the following circumstances:
      
      
      • Where the area has significant conservation and heritage values which require protection greater than a 20m reserve can provide;
      • Where the topography requires it to be more effective.
   3. An esplanade reserve may be waived in the following circumstances:
      
      
      • Where the land is identified on a Queen Elizabeth II National Trust Protective Covenant, Reserves Act Covenant, Conservation Act Covenant or other Covenant that is in perpetuity;
      • Where by reason of public safety and/or security an esplanade reserve would be inappropriate and security cannot be assured by some other means. For example, where there are defence lands, existing public road, sensitive machinery, irrigation works or activities.
   4. Where subdivision occurs creating lots 4 hectares or more in size, Esplanade Reserves shall be taken along the following rivers:
      
      • Waihou, Waitoa, Piako, Waitakaruru, Waiomou, Rapurapu, Topehaehae and from land immediately adjoining the Kopuatai Peat Dome.
      • The width of the reserve shall be 20m unless any of the above circumstances (a, b or c) apply.
2. Esplanade Strips
   
   
   1. An esplanade strip may be established instead of an esplanade reserve in the following circumstances:
      
      
      • Where significant erosion is known to occur;
   2. Where an esplanade strip is considered to be more appropriate than an esplanade reserve, the width of that esplanade strip shall be:
      
      • A minimum of 20m where erosion is a known problem;
      • A minimum of 5m where the esplanade strip is established solely for access purposes.
      
      The situations relating to a reduction or increase in width of esplanade reserves shall relate to the physical conditions of the site.
3. Access Strips
   
   
   1. An access strip may be established instead of an esplanade reserve or an esplanade strip in the following circumstances:
      
      
      • Where for reasons of public security or public safety restrictions, access is required;
      • Where existing development means that an esplanade reserve or esplanade strip can not practically be established;
      • Where roads are available for the purpose.

6.2.5 Protection and Preservation of Existing Drainage Channels

All subdivisions shall be planned, designed and constructed so as to:

1. Protect and preserve existing natural or open drainage channels;
2. Ensure all drainage systems do not cause erosion or flooding outside the subdivision to any greater extent that would occur in the absence of subdivision and improvements;
3. Avoid flooding of land;
4. Leave all drainage channels in as natural a condition as possible, enhance fish habitats and water quality with riparian planting where appropriate;
5. Provide for crossing of water courses whose bed has an average width of 3 metres or more by spanning so that natural stream beds will not be altered thereby causing adverse environmental damage.

See also Section 8, Works and Network Utilities and Section 11, Natural Hazards.

6.2.6 Earthworks

See Performance Standards, Section 5 and the requirements of the MPDC Development Manual.

6.2.7 Natural Hazards

See Natural Hazards, Section 11.

6.2.8 Conservation

See Performance Standards, Section 5.

6.2.9 Vesting of Beds of Rivers

The bed of any river over 3 metres in width included in a subdivision consent shall be vested in the Crown.

Explanation

Council has implemented the contributions rules to enable the costs associated with new growth to be borne by the new consumers over the ongoing years. In devising the rules, Council has ensured that the calculations fairly and reasonably apply the fees that can be directly attributable to the new population. The District wide apportionate of reserves contributions is based on the understanding that the entire community has the opportunity to benefit from such facilities on a district wide basis. The urban and rural communities are being treated similarly on the grounds that they have similar reserve and recreational needs.

The engineering services fees are charged on a site basis because it is clear who benefits from the services.

Contributions are taken principally at the time of subdivision to enable Council to receive funds in advance of development to assist in the earlier provision of services for the new population.

All fees are based on Council works programmes for the ten year Review period. The detail of the calculations can be found in Council's 1995 discussion documents on the matter. In the event that a works programme or the contributions accounts are reviewed and refinements are necessary a change to the District Plan shall be promoted. To ensure the costs are relative to the rate of inflation the actual contribution values are to be reviewed in the light of the Cost Construction Index as part of the Annual Plan process.

6.2.10 Rural zone

Should there be a conflict between these specific performance standards and the general provisions of Section 1, this section shall prevail.

1. Roading access
   1. Road widening
      Where part of the land being subdivided is required for road widening or for other works, the subdivision shall be designed as though such land had been dedicated prior to the time of subdivision.
   2. Every owner or occupier shall provide Vvehicular access to every their property for parking and/or loading from a formed legal road or over land by mutual right of way or service lane shall be provided. MPDC Operative District Plan 20 July 2012 Part B Page 6:15
   3. Any vehicular access / road that is new or an activity which results in a change in the character, intensity or scale of use of an existing crossing, which are unable to comply with the minimum sight distances and separation distances within the MPDC Development Manual 2010 shall be a discretionary activity.
   4. Any road, private way or access leg that is new or an activity that has resulted in the changed character, intensity or scale of use and unable to comply with the following table, shall be a discretionary activity.
   
   Private
   

   Access type	Number of household units served	Minimum reserve width (m)
   Access leg	1	9
   Private way	2-3	9
   	4-6	12

   
   Public

   Road type	Number of household units served	Minimum reserve width (m)
   Local road	<25	20
   Collector road	25–125	20
   Arterial road	N/A	20

   
   
   5. The minimum width, design and construction of any access shall be in accordance with the MPDC Development Manual 2010.
   6. Any new road, acces lot or private way shall be designed, constructed and located in accordance with the MPDC Development Manual 2010.
   7. Compliance with the infrastructure and servicing standards within Section 5.9.1(iv).

    

   Objectives/Policies
   3.4.2.1	O1	P1
   3.8.2	O1	P1, P2
   3.8.2	O8	P10, P11

    

2. Water Supply
   1. All sites shall be able to be provided with a reliable supply of water sufficient to meet the needs of any proposed development of the site. The requirements of the MPDC Development Manual 2010 shall be deemed compliance.
   2. Compliance with the infrastructure and servicing standards within Section 5.9.1(iii).
      
      

   Objectives/Policies
   3.4.2.1	O1	P1
   3.7.2.1	O1	P2, P3

    

3. Water Supply
   1. Where each lot or development lies within Council’s reticulated area, they shall be served by a connection to the Council reticulation system. If this is not practicable, then treatment and disposal shall be contained within the property boundaries, subject to the necessary consents being obtained.
   2. Any disposal or treatment areas located off-site, other than to MPDC owned systems, shall be protected by easements as appropriate.
   3. Compliance with the infrastructure and servicing standards within Section 5.9.1(ii).
   Advice note: The use of a conventional septic tank is not permitted on sites less than 2500m².

    

   Objectives/Policies
   3.4.2.1	O1	P1
   3.7.2.1	O1	P2, P3

    

4. Stormwater reticulation
   1. Council may require a detailed stormwater plan to ensure that there are no adverse stormwater effects off-site. Any necessary consents shall be obtained from the Waikato Regional Council.
   2. Compliance with the infrastructure and servicing standards within Section 5.9.1(i).

    

   Objectives/Policies
   3.4.2.1	O1	P1
   3.7.2.1	O1	P2, P3

    

5. Other Reticulation
   1. Compliance with the infrastructure and servicing standards within Section 5.9.1(v).

    

   Objectives/Policies
   3.4.2.1	O1	P1
   3.7.2.1	O1	P2, P3

    

6. Development Suitability
   1. Building site
      Each lot must contain a rectangular area of land for building purposes measuring no less than 10 metres on one side and 15 metres on the other that is free of impediments to buildings such as: drainage lines, building line restrictions, easements, bulk and location requirements, protected registered significant features or other items or topographical impediments.
      
      
   2. Council will require a report, including certification from an appropriately qualified person(s), stating that the land is suitable for the activities anticipated in the zone, or the development proposed, and/or the conditions under which development will be appropriate including:
      1. Each building area as described in (a) above is free from flooding or inundation, erosion, subsidence and thermal ground;
      2. Slope stability, foundations of structures, major earthworks including access tracks and roads;
      3. Ground water table levels;
      4. Earthquake faultlines or other seismic hazard;
      5. For contaminated sites, a report on the extent and likely effect of the contamination on the proposed activity, including any off-site MPDC Operative District Plan 20 July 2012 Part B Page 6:17 effects that may occur as a result of disturbance or development of the site;
      6. The matters within the MPDC Development Manual 2010.
      The report shall set out the facts relating to the investigation together with test results and other data on which recommendations are based.
      
      
   3. Council may refuse to approve a subdivision consent or in approving the proposal, impose appropriate conditions to avoid high probabilities of accelerated erosion, land slip, flooding or subsidence, or increased
      adverse effects resulting from contaminants on the site.
      
      
   4. Where a site lies outside of the hazard areas but may be subject to any:
      • Natural hazard;
      • Slope stability issues; or
      • Ground conditions not suitable for the foundations of buildings, services or other works;
      Any persons proposing to use, develop (including bulk earthworks) or subdivide the site will require a site evaluation from a suitably qualified engineer or other person confirming that the site can be safely developed without adverse effects either on or off the site for a permitted activity including necessary access and servicing requirements.
      
      
   5. See also Section 11: Natural Hazards.

    

   Objectives/Policies
   3.2.2.1	O1	P1, P2, P3, P4
   3.2.2.2	O1	P1
   3.2.2.3	O1	P1, P2
   3.2.2.4	O1	P1, P2
   3.2.2.5	O1	P1
   3.5.2.2	O1, O8	P1, P5, P7, P8, P9

    

7. Protection of scheduled significant items
   Council shall require the legal protection in perpetuity of any scheduled significant item or feature with the exception of Scheduled Item 213 of Schedule 3, as a condition of subdivision consent. Scheduled significant items are listed in Schedules 1, 2 and 3.
   1. Council shall require that legal boundaries are located in a position that does not impair or destroy the integrity of the scheduled significant item;
   2. Suitably qualified persons shall, be engaged, if necessary, to determine the boundaries or significance of such items;
   3. Any such required protective measures shall be taken into account when addressing the Development Contribution for reserves that would otherwise apply. See Section 7: Development Contributions.
      
      
8. Protection of other items
   Council may require, as a condition of subdivision or resource consent, the legal protection in perpetuity of a significant feature that is found to exist on the property for the purpose of protecting the feature. A feature may include an area or item of significant indigenous, ecological, landscape or heritage value to the community.
   
   Provided that this rule shall not apply to Scheduled Item 213 of Schedule 3 and where approval has otherwise been given for use of archaeological sites from the Historic Places Trust. Evaluation shall be undertaken in accordance with the criteria in Appendix 1. The feature/area must be fully described and intrinsic value ranked MPDC Operative District Plan 20 July 2012 Part B Page 6:18 alongside other similar features. Any protective measures shall be taken into account when assessing the financial contribution forreserves that would otherwise apply. See Development Contributions: Section 7.
   
   Council may require that legal boundaries are located in a position that does not impair or destroy the integrity of the significant feature found to exist on the property.
   
   
9. Protection of riparian areas
   See Performance Standards: Section 5.1.1.
   

    

   Objectives/Policies
   3.1.2.2	O1	P1, P2, P3, P4
   3.3.2.1	O1	P1, P3

    

10. Existing buildings to comply
    All subdivision consent applications shall demonstrate that existing and proposed buildings comply with the provisions of the District Plan once the new lots have been created.
    If an existing building is unable to comply with the provisions of the District Plan with respect to yard setbacks from external, un-changed boundaries a land use consent will not be required in respect of this non-compliance.
    
    
11. Development Contributions
    1. As a condition of consent for any subdivision consent Council may require the payment of a Development Contribution to avoid, remedy or mitigate any adverse off-site effects generated by the subdivision. See Section 7: Development Contributions.
    2. The owner shall contribute to the provision of services, reserves and recreation facilities identified as being necessary to serve the anticipated demand resulting from the subdivision of the land.
    3. The developers shall provide any other services required at their own expense.
    4. See Development Contributions: Section 7 and Local Government Act requirements.

     

    Objectives/Policies
    3.4.2.1	O1, O2	P1, P6
    3.8.2	O7	P11
    3.9.2.1	O1, O2

     

12. Esplanades
    1. Esplanade reserves
       Where subdivision occurs, creating lots less than 4 hectares or greater than 4 hectares along rivers specified in (iv) below, Council shall require esplanade reserves of 20 m in width. However in some circumstances it may be appropriate either to increase or decrease the width of the reserve or to establish an esplanade strip as an alternative.
       
       
       1. An esplanade reserve may be reduced below 20 m in the following circumstances:
          • Where an existing structure is located within the 20 m reserve and an appropriately smaller esplanade reserve can be vested;
          • Where a natural hazard protection area is operative on land that would otherwise be an esplanade reserve;
          • Where the topography limits the effectiveness of the reserve.
            
            
       2. An esplanade reserve of a greater width than 20 m may be taken in the following circumstances:
          • Where the area has significant conservation and heritage values which require protection greater than a 20 m reserve can provide;
          • Where the topography requires it to be more effective.
            
            
       3. An esplanade reserve may be waived in the following circumstances:
          • Where the land is identified on a Queen Elizabeth II National Trust Protective Covenant, Reserves Act Covenant, Conservation Act Covenant or other Covenant that is in perpetuity;
          • Where by reason of public safety and/or security an esplanade reserve would be inappropriate and security cannot be assured by some other means. For example, where there are defence lands, existing public road, sensitive machinery, irrigation works or activities.
            
            
       4. Where subdivision occurs creating lots 4 hectares or more in size, Esplanade Reserves shall be taken along the following rivers:
          • Waihou, Waitoa, Piako, Waitakaruru, Waiomou, Rapurapu, Topehaehae and from land immediately adjoining the Kopuatai Peat Dome;
          • The width of the reserve shall be 20 m unless any of the above circumstances (i), (ii) or (iii) apply.
            
            
    2. Esplanade strips
       
       1. An esplanade strip may be established instead of an esplanade reserve in the following circumstances:
          • Where significant erosion is known to occur.
            
            
       2. Where an esplanade strip is considered to be more appropriate than an esplanade reserve, the width of that esplanade strip shall be:
          • A minimum of 20 m where erosion is a known problem;
          • A minimum of 5 m where the esplanade strip is established solely for access purposes.
          The situations relating to a reduction or increase in width of esplanade reserves shall relate to the physical conditions of the site.
          
          
    3. Access strips
       1. An access strip may be established instead of an esplanade reserve or an esplanade strip in the following circumstances:
          • Where for reasons of public security or public safety restrictions, access is required;
          • Where existing development means that an esplanade reserve or esplanade strip can not practically be established;
          • Where roads are available for the purpose.

     

    Objectives/Policies
    3.4.2.1	O2	P6
    3.7.2.3	O1

     

13. Protection and preservation of existing drainage channels
    All subdivisions shall be planned, designed and constructed so as to:
    1. Protect and preserve existing natural or open drainage channels;
    2. Ensure all drainage systems do not cause erosion or flooding outside the subdivision to any greater extent that would occur in the absence of subdivision and improvements;
    3. Avoid flooding of land;
    4. Leave all drainage channels in as natural a condition as possible, enhance fish habitats and water quality with riparian planting where appropriate;
    5. Provide for crossing of water courses whose bed has an average width of 3 m or more by spanning so that natural stream beds will not be altered thereby causing adverse environmental damage.
       
       
    See also Section 8: Works and Network Utilities and Section 11: Natural Hazards.

     

    Objectives/Policies
    3.2.2.1	O1	P1, P2, P3, P4
    3.7.2.1	O1	P2, P4

     

14. Earthworks
    See Performance Standards: Section 5 and the requirements of the MPDC Development Manual 2010.
    
    
15. Natural hazards
    See Natural Hazards: Section 11.
    
    
16. Conservation
    See Performance Standards: Section 5
    
    
17. Vesting of bed rivers
    The bed of any river over 3 metres in width included in a subdivision consent shall be vested in the Crown.

     

    Objectives/Policies
    3.4.2.1	O2	P6
    3.7.2.3	O1

     

< Previous Index Next >