Section 12B 12B Subdivision in Residential Zones

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1 Section 12B 12B Subdivision in Residential Zones The Residential Zones provide for a range of infill and greenfield living opportunities across the City for the community to accommodate current and future growth. These opportunities range from: a) High density environments located in Mount Maunganui where development is characterised by apartment and unit development at a rate of one independent dwelling unit to between 60 and 100m 2 of gross site area. Such subdivision is predominantly characterised by amalgamation of parent titles and unit titling of completed buildings; b) Medium density environments where: i) They are located within the City Living Zones which provide for a range of densities at a minimum of one independent dwelling unit to 200m 2 of gross site area. Again, it is anticipated that subdivision will involve unit titling of completed buildings. Amalgamation of lots to create land parcels of at least 1050m 2 is also encouraged through the provision of density bonuses; or They form part of a comprehensively designed development that is located either within the Suburban Residential Zone or an urban growth area; They form part of a comprehensively designed development that is located either within the Suburban Residential Zone or an urban growth area (excluding the Wairakei Urban Growth Area); c) Traditional low density suburban environments characterised by infill subdivision that creates freehold allotments to accommodate detached dwellings and associated outdoor living areas. In these areas minimum lot sizes are not expected to be less than 325m 2, and where subdivision in greenfield areas occurs it is expected that a target average nett yield of 15 dwellings per hectare will be achieved; d) As part of this low density living specific provision is also made in the Pyes Pa West area for large residential lots where the minimum lot size is 1000m 2, reflecting topographical constraints; e) A comprehensively planned and staged urban growth area at Wairakei, in Papamoa East. The land use and subdivision process are interrelated in the Wairakei Residential Zone to ensure flexibility of urban design within a defined planning framework. It is expected that a target average nett yield of 15 dwellings a hectare will be achieved in this zone, the comprehensive stormwater catchment consents related to Wairakei stormwater management and mitigation fully complied with and Papamoa Beach Road and water supply network capacity limitations are not exceeded. viii e) A comprehensively planned and staged urban growth area at Wairakei, in Papamoa East. The land use and subdivision process are interrelated in the Wairakei Residential Zone to ensure flexibility of urban design within a defined planning framework. It is expected that a target average nett yield of 15 dwellings a hectare will be achieved in this zone, the comprehensive stormwater catchment consents related to Wairakei stormwater management and mitigation fully complied with and Papamoa Beach Road and water supply network capacity limitations are not exceeded. e) No minimum site area in the Wairakei Residential Zone, providing the opportunity for a range of densities. It is expected that a target average nett yield of 15 dwellings a hectare will be achieved in this zone. In addition, the comprehensive stormwater catchment consents related to Wairakei stormwater management and mitigation should be fully complied with as well as Papamoa Beach Road and water supply network capacity limitations. 112 Subdivision, Services and Infrastructure 12 March 8 October Section 12B Page 1 of 22

2 12B.1 Objectives and Policies for Subdivision in Residential Zones 12B.1.1 Objective Subdivision in Residential Zones Subdivision in Residential Zones provides for integrated, liveable and sustainable communities in a way that does not compromise the ability of the residential land resource to accommodate future growth demands. 12B Policy Subdivision in the Residential Zone By ensuring that subdivision design and allotment sizes: a) Can accommodate land use activities in a manner that is consistent with the purpose of the underlying zone; b) Provide building platforms that will avoid the risk of damage to future land uses or adjoining land through inundation or instability; c) Incorporate good urban design principles by: i) Providing a safe and efficient transport network that effectively integrates with the surrounding area; Providing for safe and direct movement through and between neighbourhoods for pedestrians, cyclists and vehicles; i Providing for efficient public transport layouts; iv) Optimising allotment frontage to public roads and reserves; v) Providing easy access to open space and reserves; vi) Providing good solar orientation of residential allotments, open space and reserves; v Providing a variety of allotment sizes; vi Retaining and integrating natural features; ix) Generally avoiding culs-de-sac where these are not associated with topographical constraints. 12B Policy Undersized Allotments and Infill Development By avoiding infill subdivision that creates residential allotments less than the minimum area generally anticipated in the Suburban Residential, High Density Residential and City Living Zones so that: a) Intensification does not occur in an ad hoc manner; b) The amenity values and urban landscape character of those zones is not adversely affected; c) The capacity of existing or planned infrastructure that serves the land area is not compromised. 12B Policy Undersized Allotments and Intensification By providing for allotments of a size area less than the minimum anticipated in the Suburban Residential Zone only where: a) They are developed as a comprehensively designed development in accordance with an outline development plan or land use consent; or b) They are either specifically identified through zoning, or are located appropriately in accordance with the criteria set out in 14B Policy - Density of Development - Medium Density Development in the Suburban Residential Zone. 12B Policy Allotment Sizes in Pyes Pa West By providing for large lot subdivision to optimise the marginal land resource in this area while: a) Recognising the specific servicing requirements; b) Maintaining and enhancing the landscape values. 212 Subdivision, Services and Infrastructure 12 March 2016 Section 12B Page 2 of 22

3 12B Policy New Subdivision and Development within North West Bethlehem Reverse Sensitivity By ensuring that subdivision on land zoned for residential purposes and located to the north and west of the Bethlehem Centre mitigates potential adverse reverse sensitivity effects on commercial activities. 12B Policy Subdivision of Secondary Independent Dwelling Units Avoiding the subdivision of secondary independent dwelling units to ensure that: a) These units remain ancillary to the principal dwelling in recognition that their purpose is to provide a secondary opportunity for the economic and social benefit of the property owner whilst retaining a built character and scale that is consistent with the surrounding suburban residential environment; b) The fragmentation of residential allotments that would not otherwise comply with the density requirements of the underlying zone does not result in fragmented and small scale infill development that has the potential to cumulatively adversely affect surrounding residential character and amenity. 12B Policy Subdivision in the Central Bethlehem Scheduled Site a) By ensuring that subdivision within the Central Bethlehem Scheduled Site is carried out in a manner that: i) Mitigates adverse landscape character and amenity effects on the surrounding environment, with particular regard to be given to the Central Bethlehem Scheduled Site s pre-development rural landscape character, in terms of: i 1) The interface of the Central Bethlehem Scheduled Site with adjoining Rural and Rural Residential and open space zones and along the northern and southern escarpments within the Central Bethlehem Scheduled Site. In this location, the identified mitigation option is landscape planting; and 2) Visual connectivity across the Central Bethlehem Scheduled Site to the Wairoa River, as viewed from the top of the northern escarpment and from Moffat Road. In this location the identified mitigation option is an open landscaped corridor/stormwater swale system; Avoids, remedies or mitigates potential adverse effects associated with the geotechnical constraints and natural hazards within the Central Bethlehem Scheduled Site and on adjoining escarpments Recognises the limitations of Council s existing infrastructural capacity; iv) Avoids, remedies or mitigates adverse effects on the function, and safe and efficient operation of the transport network, with particular regard to the State Highway 2/Te Paeroa Road roundabout. 12B Policy Subdivision in the Wairakei Residential Zone a) Recognises the limitations of Council s existing and planned infrastructure capacity that serves the land area. b) Supports design flexibility for a range of residential building typologies and densities by not requiring a minimum allotment area. 12B.1.2 Objective Residential Subdivision: Wairakei Subdivision within the Wairakei Residential Zone supports development of a variety of residential living opportunities and the efficient use of the residential land resource and of services and infrastructure. 12B Policy Residential Subdivision: Wairakei By ensuring subdivision within the Wairakei Residential Zone creates allotments that will: a) Support the implementation of comprehensively planned and staged land use that meets the Wairekei Urban Growth Plan, Wairakei Staging Plan and Structure Plan that relate to residential development at Wairakei; b) Support the achievement of a target average nett yield of 15 dwellings per hectare in the Wairakei Residential Zone progressively over time and a minimum average nett yield of 23 dwellings per hectare in the Wairakei Neighbourhood Centre Zone when land within that Neighbourhood Centre Zone is to be developed for residential activities. 312 Subdivision, Services and Infrastructure 12 March 8 October Section 12B Page 3 of 22

4 12B.1.2 Objective Residential Subdivision: Wairakei Subdivision within the Wairakei Residential Zone supports development of a variety of residential living opportunities and the efficient use of the residential land resource and of services and infrastructure. 12B Policy Residential Subdivision: Wairakei By ensuring subdivision within the Wairakei Residential Zone creates allotments that will: a) Support the implementation of comprehensively planned and staged land use that meets the Wairakei Urban Growth Plan, Wairakei Staging Plan and Structure Plan that relate to residential development at Wairakei; b) Support the achievement of a target average nett yield of 15 dwellings per hectare in the Wairakei Residential Zone progressively over time and a minimum average nett yield of 23 dwellings per hectare in the Wairakei Neighbourhood Centre Zone when land within that Neighbourhood Centre Zone is to be developed for residential activities. 12B.1.3 Objective Residential Subdivision: City Living Subdivision within the City Living Zone supports limited opportunities for further suburban residential style development as a transitional development opportunity for existing sites (legally established and vacant or partially vacant as at the date of Plan notification being the 17 October 2009) but primarily supports the implementation of comprehensively designed medium density redevelopment of land. 12B Policy Residential Subdivision: City Living By providing for subdivision within the City Living Zone that: a) Provides for limited, specified infill subdivision as a transitional development opportunity for existing sites (legally established and vacant or partially vacant at the date the plan was notified being 17 October 2009); b) Supports and positively encourages comprehensively designed medium density redevelopment of land within the zone. 412 Subdivision, Services and Infrastructure 12 March 8 October Section 12B Page 4 of 22

5 12B.2 Residential Zones Note: Subdivisions that do not meet a Controlled Activity Rule will be considered Restricted Discretionary Activities unless identified otherwise. Note: Subdivisions that do not comply with Rule 12B Minimum Allotment Size will be considered Discretionary Activities. 12B.3 Controlled Activity Rules Those activities identified as Controlled Activities in Table 12A.1: Subdivision Activity Status. 12B.3.1 Controlled Activity Standards and Terms 12B Minimum Allotment Size a) Subdivision for residential allotments in the Suburban Residential, High Density Residential and Urban Marae Community Zones shall comply with the following: Minimum size: allotment Minimum allotment size: Suburban Residential 325m² nett site area Papamoa Medium Rise Plan Area, Suburban Residential 325m² gross site area High Density Residential 100m² gross site area a) Subdivision for residential allotments in the Suburban Residential, Wairakei Residential Zone, High Density Residential and Urban Marae Community Zones shall comply with the following: Suburban Papamoa Medium Rise Plan Area, High Density Wairakei Residential Suburban Residential Residential Residential 325m² nett site area 325m² gross site area 100m² gross site area No minimum site area b) In the Papamoa Medium Rise Plan Area subdivision in accordance with a granted land use consent for a comprehensively designed development (Suburban Residential Zone urban growth areas and Papamoa Medium Rise Plan Area) within the Papamoa Medium Rise Plan Area shall comply with the following: i) The subdivision design and layout shall be in accordance with the approved comprehensively designed development (Suburban Residential Zone urban growth areas and Papamoa Medium Rise Plan Area) consent under Rule 14B.6.19 Restricted Discretionary Activity Standards and Terms - Comprehensively Designed Development in the Inland and Beachside Neighbourhoods of the Papamoa Medium Rise Plan Area; Note: Any other subdivision within the Papamoa Medium Rise Plan Area not provided for under Rule 12B.3.1.1a) or b) shall be considered a Discretionary Activity. c) Subdivision for residential allotments in the Large Lot Residential Zone shall comply with the following: Minimum allotment size: 1000m² gross site area d) Subdivision for medium density residential allotments within urban growth areas as part of a comprehensively designed development (Suburban Residential Zone urban growth areas and Papamoa Medium Rise Plan Area) shall comply with the following unless that subdivision is in response to a land use consent granted under Rule 14B Medium Rise Plan Area and Large Sites in the Suburban Residential Zone Urban Growth Yield Area or Rule 14B Medium Density Sites in the Suburban Residential Zone Urban Growth Yield Areas in Chapter 14 Residential Zones: Minimum allotment size: 200m² gross site area e) Subdivision for residential allotments in the City Living Zone shall comply with the following: 512 Subdivision, Services and Infrastructure 12 March 8 October Section 12B Page 5 of 22

6 i) In the case of subdivision for the purpose of implementing a permitted land use under Rule 14D.3.3 Suburban Residential Development of Vacant or Partially Vacant Sites (legally established and vacant or partially vacant at 17 October 2009) the minimum allotment size shall be 325m 2 nett site area; In the case of subdivision for the purpose of implementing an approved comprehensively designed development (City Living Zone) for which land use consent has been approved under Rule 14D.4.2 Restricted Discretionary Activity Comprehensively Designed Development the subdivision shall be in compliance with that approved land use consent. 12B Development Intensity and Scale in Urban Growth Areas In the Urban Growth Areas of Pyes Pa West (as identified in Urban Growth Area Plan UG7), Hastings Road Urban Growth Plan (Urban Growth Area Plan UG7), Kennedy Road (Urban Growth Area Plan UG7), West Bethlehem (Urban Growth Plan (UG1), the minimum average nett yield in the Suburban Residential Zone shall be in accordance with the following: In the Urban Growth Areas of Pyes Pa West (as identified in Urban Growth Area Plan UG7), Hastings Road Urban Growth Plan (Urban Growth Area Plan UG7), Kennedy Road (Urban Growth Area Plan UG7), West Bethlehem (Urban Growth Plan (UG1), Wairakei (Urban Growth Area Plan UG9) the minimum average nett yield in the Suburban Residential Zone or Wairakei Residential Zone shall be in accordance with the following: Date application for resource consent is lodged (inclusive) Term of Step Minimum Average Nett Yield Requirement: Per hectare of Nett Developable Area as a Controlled Activity under Rule 12B Development Intensity and Scale in Urban Growth Areas Minimum Average Nett Yield Requirement: Per hectare of Nett Developable Area as a Restricted Discretionary Activity under Rule 12B Yield Shortfalls in Urban Growth Areas Minimum Average Nett Yield Requirement: Per hectare of Nett Developable Area as a Non Complying Activity under Rule 12B.6 Non- Complying Activity Rules 1 July 2012 to 30 June July 2017 to 30 June July 2022 to 30 June July 2027 to 30 June years 12 N/A Less than 12 5 years to less than 12.5 Less than 12 5 years to less than 13 Less than years to less than 13.5 Less than 13 1 July 2037 onwards Ongoing to less than 15 Less than B Comprehensively Designed Development 12B Comprehensively Designed Development in Suburban Residential Zone Subdivision for comprehensively designed development (Suburban Residential Zone urban growth areas and Papamoa Medium Rise Plan Area) within urban growth yield areas shall: a) Where occurring on sites of 3000m 2 or less be: i) For the purpose of meeting the yield requirements of Rule 12B Development Intensity and Scale in Urban Growth Areas within the Suburban Residential Zone only; 612 Subdivision, Services and Infrastructure 12 March 8 October Section 12B Page 6 of 22

7 i For the purpose of creating allotments to meet the requirements of Rule 14B Medium Density Sites in the Suburban Residential Zone Urban Growth Yield Areas; Include an Outline Development Plan in a manner consistent with Appendix 14K: Outline Development Plan, Example to guide future development; b) Where occurring on sites of 3001m 2 or greater be: i) For the purpose of meeting the yield requirements of Rule 12B Development Intensity and Scale in Urban Growth Areas within the Suburban Residential Zone only; i For the purpose of creating allotments to meet the requirements of Rule 14B Medium Rise Plan Area and Large Sites in the Suburban Residential Zone Urban Growth Yield Areas; Part of comprehensive application that includes an application for land use consent. 12B Design Assessment Allotments shall be able to accommodate land use activities, in accordance with the relevant rule of the underlying zone, as follows: a) Construct buildings and structures in accordance with: i) Rule 14E.3.1 Residential and Visitor Accommodation Density or Rule 14B.3.1 Residential Development Density Suburban Residential, Large Lot Residential; i iv) Rule 14E.3.3 Streetscape or Rule 14B.3.3 Streetscape - Suburban Residential, Large Lot Residential; Rule 14E.3.4 Setbacks and Rule 14E.3.5 Setbacks Traffic Management Safety or Rule 14B.3.4 Setbacks Suburban Residential, Large Lot Residential and Rule 14B.3.5 Setbacks Traffic Management Suburban Residential, Large Lot Residential; Rule 14E.3.6 Overshadowing or Rule 14B.3.6 Overshadowing - Suburban Residential, Large Lot Residential; v) Rule 14B.3.7 Site Coverage - Suburban Residential, or Rule 14B.3.8 Site Coverage Large Lot Residential Zone; vi) Rule 14B.3.10 Outdoor Living Area - Suburban Residential; a) Construct buildings and structures in accordance with: i) Rule 14E.3.1 Residential and Visitor Accommodation Density, or Rule 14B.3.1 Residential Development Density Suburban Residential, Large Lot Residential or Rule 14F.3.1 Residential Development Density Wairakei Residential Zone; i iv) Rule 14E.3.3 Streetscape, or Rule 14B.3.3 Streetscape - Suburban Residential, Large Lot Residential or Rule 14F.3.3 Streetscape Wairakei Residential Zone; Rule 14E.3.4 Setbacks and Rule 14E.3.5 Setbacks Traffic Management Safety; or Rule 14B.3.4 Setbacks Suburban Residential, Large Lot Residential and Rule 14B.3.5 Setbacks Traffic Management Suburban Residential, Large Lot Residential; or Rule 14F.3.4 Setbacks Wairakei Residential Zone and 14F.3.5 Setbacks Traffic Management Safety Wairakei Residential Zone; Rule 14E.3.6 Overshadowing, or Rule 14B.3.6 Overshadowing - Suburban Residential, Large Lot Residential or Rule 14F.3.6 Overshadowing Wairakei Residential Zone; v) Rule 14B.3.7 Site Coverage - Suburban Residential, or Rule 14B.3.8 Site Coverage Large Lot Residential Zone; vi) Rule 14B.3.10 Outdoor Living Area - Suburban Residential or Rule 14F.3.8 Outdoor Living Area and Sunlight Wairakei Residential Zone; v Rule14F.3.9 Building Platforms Wairakei Residential Zone. 712 Subdivision, Services and Infrastructure 12 March 8 October Section 12B Page 7 of 22

8 b) Provide access, parking and manoeuvring areas in accordance with: i) Rule 14E.3.7 Access or Rule 14B.3.9 Access Suburban Residential, Large Lot Residential; i Rule 4B On-Site Parking Requirements General; Rule 4B.2.4 On-Site Parking Design; iv) Rule 4B.2.5 On-Site Manoeuvring; v) Rule 4B.2.6 Vehicle Loading Requirements; vi) Rule 4B.2.7 Site Access and Vehicle Crossings. Where there is any doubt as to whether future land uses will be able to comply with this rule the Council will require a design assessment to be submitted to demonstrate how compliance can be achieved. 12B Earthworks The extent of all earthworks proposed as part of the subdivision shall be shown including, but not limited to: a) Areas of cut and fill; b) Existing and proposed finished ground levels; c) Location of building platforms where there is potential risk to a proposed allotment from inundation or instability. 12B Building Platform Requirements Papamoa Subdivision to create freehold title (not including cross-lease to freehold subdivision) between the area from Sunrise Avenue, State Highway 2 and the Kaituna River that is within the City shall ensure allotments have a minimum building platform level of RL5 metres above Moturiki Datum. This rule does not apply to the land within the Wairakei Urban Growth Area. Note: Building Platform minimums for Wairakei Residential Zone are addressed in Rule 12B (b) - Subdivision in the Wairakei Residential Zone. Note: Building Platform minimums for Wairakei Residential Zone are addressed in Rule 12B (b) - Subdivision in the Wairakei Residential Zone. Rule 12B (f) Specific Urban Growth Area Requirements Wairakei Urban Growth Area 12B Services Every allotment shall be provided with services in accordance with Rule 12G.3.1 Minimum Service Requirements. 12B Infrastructure a) Infrastructure constructed to vest in the Council shall comply with Rule 12G Infrastructure; b) Subdivision within an urban growth area shall comply with the intent of the requirements of the relevant Section 6, Urban Growth Plans (Plan Maps, Part B) which may include: i) Transport network connections and links; i Active and passive recreation areas; Reticulation and conveyance of stormwater, wastewater and water, and iv) Location of convenience, local and neighbourhood centres; c) For all subdivisions in the Pyes Pa West Urban Growth Area, infrastructure for stormwater management shall be designed and constructed to ensure: i) The 50-year ARI flood peaks from each development area are to be no greater than 50% of the pre-development peak run-off rates (i.e., pastoral land use); The 2-year ARI flood peaks shall be reduced to 30% of the pre-development peak run-off rates. 812 Subdivision, Services and Infrastructure 12 March 8 October Section 12B Page 8 of 22

9 12B Specific Urban Growth Area Requirements - Pyes Pa West (including Kennedy Road and Hastings Road) a) Any subdivision adjoining the Takitimu Drive Extension between State Highway 29 and Pyes Pa Road shall provide a segregation strip of not less than 0.01 metre to prevent vehicular access on to Takitimu Drive; b) Any Subdivision within the Hastings Road Urban Growth Yield Area shall: i) Provide infrastructure in accordance with the requirements identified on UG7, Section 6, Urban Growth Plans, (Plan Maps, Part B); i Ensure Hastings Road is upgraded to a minimum formed width of 8 metres including kerb and channel and a footpath on one side; and Ensure all vehicular access is achieved from the Lakes development (Lot 501 DP382533) and that vehicular access to State Highway 29 is closed; iv) Ensure the neighbourhood reserve incorporates archaeological site U14/3316. c) Any subdivision within the Kennedy Road Urban Growth Yield Area shall: i) Provide infrastructure in accordance with the locations identified on UG7, Section 6, Urban Growth Plans, (Plan Maps, Part B); Ensure that Kennedy Road (including its intersection with Pyes Pa Road) has been upgraded to collector road status except that section of Kennedy Road from the intersection with Pyes Pa Road up to the Rural-Residential zone on Lot 2 DPS where a reduced width is required due to topographical constraints. Where width of Kennedy Road is reduced this section shall still be able to function as a Collector Road. In the event the Kennedy Road extension is requested to be completed ahead of Council's approved roading programme, the cost of the road upgrading works shall be borne fully by the developer requesting construction of the extension. 12B Specific Urban Growth Area Requirements Pyes Pa a) Any new subdivision adjoining State Highway 29 between Pyes Pa Road and Oropi Road shall provide access to each new allotment by new local or collector roads, and shall provide for a segregation strip along the State Highway frontage of 0.1 metre wide. 12B Specific Urban Growth Area Requirements West Bethlehem/ North East Bethlehem a) Any subdivision within the West Bethlehem or North East Bethlehem Urban Growth Plan shall provide infrastructure in accordance with the locations identified on Urban Growth Plan UG1, Section 6 (Plan Maps, Part B); b) Any subdivision adjoining State Highway 2 between Bethlehem Road and Carmichael Road shall provide access to each new allotment by new local or collector roads; c) Any subdivision within the West Bethlehem Urban Growth Area adjoining State Highway 2 shall provide for a segregation strip along State Highway frontage of not less than 0.01 metre wide to prevent vehicular access; d) Any subdivision within the West Bethlehem Urban Growth Yield Area shall ensure the historic reserve of 3600m 2 is provided for to include both Significant Archaeological Area A3 and Significant Maori Area M8. Note: Direct vehicle access to the State Highway is a Non-Complying Activity in accordance with Rule 4B.6 - Non-Complying Activities. e) Where any part of an allotment is within 20 metres of the western and northern boundaries of the Bethlehem Commercial Zone, subdivisions shall provide for the following: i) A building line restriction shown on the survey plan to exclude residential dwellings and educational facilities within 5 metres from the Bethlehem Commercial Plan Area boundary on the north side of State Highway 2; A consent notice on certificates of title to make people aware of the legitimate business activities and potential service lane noise/disturbance on the nearby Bethlehem Centre site; i A consent notice on certificates of title to advise potential building developers of the acoustic standards that will apply to the habitable rooms of any residential dwelling within 20 metres of the western or northern boundary of the Bethlehem Commercial Plan Area (north side of State Highway 2). 912 Subdivision, Services and Infrastructure 12 March 2016 Section 12B Page 9 of 22

10 f) Any subdivision for new allotments within the West Bethlehem Urban Growth Area adjoining the main trunk railway shall ensure that the building setback line as shown on UG7, Section 6, Urban Growth Plans, (Plan Maps, Part B) is provided for on all new certificates of title. 12B Specific Urban Growth Area Requirements Wairakei Urban Growth Area a) Any subdivision within the Wairakei Urban Growth Area shall provide infrastructure in accordance with the requirements identified on UG9, Section 6, Urban Growth Plans, (Plan Maps, Part B); b) No subdivision shall occur within Development Areas 1A and 1B, as shown on Diagram 11, Section 5, (Plan maps, Part B), unless: i) The subdivision can achieve road access within the Wairakei Urban Growth Area via formed and vested connections to Te Okuroa Drive; and The subdivision can be connected to the trunk watermain located within Te Okuroa Drive. c) Any subdivision on land adjoining the Boulevard or Te Okuroa Drive shall have that section of the road adjoining the development site constructed to its full width; d) Roads shall be designed and constructed in accordance with the Council s Infrastructure Development Code for that type of road; e) Any subdivision within the Wairakei Urban Growth Area shall provide a geotechnical assessment prepared by a suitably qualified geotechnical engineer and shall, at a minimum: (i) Determine whether the land being subdivided is suitable for urban subdivision,having regard to ground conditions; ( Undertake a risk based assessment for earthquake (liquefaction) in accordance with the requirements of the operative Regional Policy Statement Appendix L Methodology for Risk Assessment for any Development Areas within 1E, as shown on Diagram 11, Section 5 (Plan Maps, Part B); f) Any Subdivision for any permanent land use that requires the establishment of acoustic mitigation (bund; barrier) to meet Chapter 4E Noise Provisions shall provide: (i) A geotechnical assessment by a suitably qualified geotechnical engineer in consultation with the NZ Transport Agency and submitted to Council to confirm that the acoustic mitigation has no adverse geotechnical effect on the Tauranga Eastern Link; and ( A stormwater assessment to demonstrate that emergency overland flow paths required in Rule 12B (e) will not be obstructed by the acoustic bund or barrier. g) Any subdivision for any permanent land use activity shall provide an assessment to demonstrate that the minimum building platform level is 500mm above the flood level for a 1 in a 100 year (1% AEP) 48 hour rainfall event and shall be at a minimum 5.1m RL (relative to Moturiki Datum). 12B Specific Urban Growth Area Requirements Stormwater Management within the Wairakei Urban Growth Area a) Subdivision for any permanent land use activity within that part of the Wairakei Residential Zone that discharges into the Wairakei Stream Corridor shall provide storage equal to 40% of the difference in runoff volume between the undeveloped and developed state for a 100 year ARI 48Hour rainfall event; b) Subdivision for any permanent land use activity shall ensure that the combined primary and secondary stormwater systems are designed so that the top water level in the Wairakei Urban Growth Area does not exceed a height of 4.6m RL (relative to Moturiki Datum) in a 100 year ARI 48 Hour rainfall event; c) Subdivision for any permanent land use activity shall ensure that stormwater systems for discharges into the Wairakei Stream and Bell Road No.1 Drain are designed so that: i) the concentration of suspended solids in stormwater discharges shall not exceed 150g/m3 at any time except where the design event of a 1 in 10 year (10% AEP) rainfall event is exceeded; and the stormwater discharge is substantially free of floatable solids, oils and grease. d) Subdivision for any permanent land use activity shall ensure that stormwater systems are designed so that stormwater will not spill onto the Tauranga Eastern Link in a 1 in 100year (1% AEP) rainfall event; 1012 Subdivision, Services and Infrastructure 12 March 8 October Section 12B Page 10 of 22

11 e) Subdivision for any permanent land use activity shall be designed to incorporate emergency overflows into the Bell Road catchment. The emergency overland flowpaths shall be located within the western and eastern areas identified in Appendix 12H and shall have the capacity to convey excess flood flow in flood events greater than 1 in a 100 year (1% AEP) 48 hour rainfall event and up to a 1 in 500 year (0.2% AEP) 48 hour rainfall event; f) Ground soakage shall be used for the disposal of stormwater from roofs of residential buildings in the Wairakei Residential Zone, where practicable; g) Prior to the issuing of a Section 224 certificate to any subdivision, use or development, the stormwater ponds and associated discharge connections and structures must be completed to the full extent required to serve that subdivision, use or development. Where those devices are to be constructed onsite as part of the subdivision, use or development, they shall be installed and operational prior to any pavement or impervious surfaces being formed within the sub-catchment they serve. Note: Any subdivision that does not comply with Rule 12B Specific Urban Growth Requirements - Stormwater Management within the Wairakei Urban Growth Area shall be considered a Non-Complying Activity. Note: (i) Use of ground soakage for the disposal of stormwater from roofs of non residential buildings is also encouraged. ( The Council holds stormwater catchment consents for the Papamoa (Wairakei) Catchment Area, and for the two catchments that discharge into the Bell Road drain. These consents and the areas covered by them are described in the Plan within the Comprehensive Stormwater Consent definition. (i A network of stormwater ponds will be provided throughout the Wairakei Urban Growth Area to detain and treat stormwater. Some will be permanently wet and others dry, required only during periods of heavy rainfall. (iv) Stormwater mitigation required under Rule 12B (a) can be provided for by including (but not restricted to) the use of ponds, grassed swales, reserves and local roads. (v) In order for the emergency overland flowpaths to have the capacity required under Rule 12B (e), the overflows can be developed with a minimum overflow weir level of 4.6m RL and a maximum overflow weir level of 4.7m RL. It is likely that the clear width at weir level of the overflow required for the western area is 10m minimum, and 50m minimum for the eastern area, as shown in Appendix 12H. 12B Potentially Contaminated Land 12B Potentially Contaminated Land The application shall address any potentially contaminated land issues relevant to the site in accordance with Rule 9B.2.2 Specific Requirements for Use, Development and Subdivision and Use of Potentially Contaminated Land in Chapter 9 Hazardous Substances and Contaminated Land. Note: Subdivision of contaminated land is a Restricted Discretionary Activity in accordance with Rule 12A.6 h) Restricted Discretionary Activity Rules. 12B Staging 12B Staging Where staged subdivision is proposed the extent of the stages and the order of those stages shall be clearly identified Subdivision, Services and Infrastructure 12 March 8 October Section 12B Page 11 of 22

12 12B.3.2 Controlled Activities Matters of Control and Conditions The Council reserves control over the following matters. 12B Topography and Landform a) The maintenance of the natural landform and retention of existing natural features that could act as landmarks and assist in providing legibility within the subdivision. b) The extent of proposed earthworks including, but not limited to: i) Change in levels resulting from excavation and fill; Any modification of drainage patterns; i The consistency between proposed finished ground levels and ground levels on adjoining sites; iv) The location, design and suitability of building platforms for their intended use; c) Geotechnical, natural or man-made hazards on the site. 12B Ecology and Open Space a) The retention and management of areas of indigenous flora and fauna habitats; b) The provision and location of landscape planting to ensure species type is appropriate in terms of any maintenance requirements on public and private land, and consistent with neighbourhood character and underlying ecology of the area; c) The provision and location of recreation reserves, esplanade reserves or esplanade strips that provide interconnected public open space and any vesting that may be required to achieve this. 12B Connectivity and Transportation a) The proximity of the subdivision to any State Highway and the potential effects of anticipated vehicle movements associated with that subdivision on the safe and efficient functioning of that State Highway; b) The provision of public accessways to link residential areas with public transport services, schools, recreational spaces, shops and other activity centres; c) The layout of walkway, cycleways and street patterns and how they connect within the subdivision and between existing neighbourhoods or provide connections to undeveloped sites; d) Whether street patterns optimise convenient access to the surrounding transport network, and any reserves and community facilities within or surrounding the subdivision; e) The proposed road hierarchy is consistent with the surrounding transport network and appropriate to meet the transport demands of adjoining land uses; f) The integration of safe walkways and cycleways within road and reserve design; g) Avoiding a predominance of culs-de-sac to maintain efficient access, connectivity and integration; h) Consideration of the principles illustrated in Appendix 12F: Subdivision, Layout and Design. 12B Block Size and Allotment Layout a) Blocks of allotments should be of a scale and shape that achieve a permeable street layout; b) The shape and orientation of proposed allotments should maximise daylight; c) Allotments should generally front on to, and be directly accessed from, a legal road; d) The provision of a variety of complying allotment sizes; e) Consideration of the principles illustrated in Appendix 12F: Subdivision, Layout and Design; f) The proximity of allotments to any State Highway or railway designation and any requirements for acoustic insulation that may be necessary to address reverse sensitivity effects. g) The proximity of allotments to any existing network utilities and any requirements that may be considered necessary to ensure the continued safe, efficient and effective operation of those network utilities is not compromised Subdivision, Services and Infrastructure 12 March 2016 Section 12B Page 12 of 22

13 12B Infrastructure and Services a) The design, construction and location of infrastructure and services to and within the subdivision whilst having regard to any relevant Urban Growth Plan requirements, and the intent of those requirements including anylikely future demand of any adjoining undeveloped land; b) The provision of infrastructure provides for a sequential order of development in accordance with Council s funding programs; c) The requirement for Development Plan Approval to ensure that infrastructure to be vested meets the minimum construction and technical specification requirements of the City; d) The provision, location and type of easements; e) The extent and sequence of proposed staging; f) The management of construction works; g) The location of any proposed pump station in proximity to residential allotments in the interests of avoiding adverse effects on future residential amenity values; h) The provision of a bond for the purpose of remedial, restoration or maintenance work of existing Council assets or assets proposed to be vested in Council. 12B Heritage The identification, management or protection of historic heritage not identified in Chapter 7 Heritage. 12B Potentially Contaminated Land The matters under Rule 9B.2.2(c) Specific Requirements for Use, Development and Subdivision of Potentially Contaminated Land. 12B Consent Notices Consent notices will be required where appropriate for, but not limited to, the following purposes: a) Engineering; geotechnical and hazard purposes; b) Provision of infrastructure or services; c) The planting, maintenance or protection of escarpments, wetland or areas of indigenous flora and fauna habitats; d) Limiting the future development of comprehensive medium density development in new urban growth areas (to be in accordance with any Outline Development Plan adopted for that site under the provisions of Rule 14B Medium Rise Plan Area and Large Sites in the Suburban Residential Zone Urban Yield Growth Areas and Rule 14B Medium Density Sites in the Suburban Residential Zone Urban Yield Growth Areas rules in the Residential Zones chapter). 12B Financial Considerations a) The requirement of a bond for the ongoing performance of conditions of a consent; b) The requirements for financial contributions in accordance with Chapter 11 Financial Contributions Subdivision, Services and Infrastructure 12 March 2016 Section 12B Page 13 of 22

14 12B Subdivision within the Papamoa Medium Rise Plan Area to Implement a granted Comprehensively Designed Development land use consent In addition to the matters of control and conditions specified in Rule 12B.3.2 Controlled Activities Matters of Control and Conditions in considering a subdivision described as a Controlled Activity in Rule 12B b) - Minimum Allotment Size, the Council also reserves controls over the following matters: a) The implementation of, or compliance with, any required comprehensively designed development (Suburban Residential Zone urban growth areas and Papamoa Medium Rise Plan Area) consent conditions imposed under Rule 14B Restricted Discretionary Activity - Matters of Discretion and Condition - Comprehensively Designed Development in the Inland Neighbourhood and the Beachside Neighbourhood of the Papamoa Medium Rise Plan Area that need to be implemented through subdivision including associated easements and/or covenants and consent notices; b) Compliance with the standards and terms specified in i) Rule 12B Infrastructure; Rule 12B Staging. 12B Subdivision within the City Living Zone In addition to the matters of control and conditions specified in Rule 12B.3.2 Controlled Activities Matters of Control and Conditions in considering a subdivision within the City Living Zone the Council also reserves control over the following matters: a) The implementation of, or compliance with, any consent condition required under Rule 14D.4.2 Restricted Discretionary Activity Comprehensively Designed Development that needs to be implemented through subdivision including associated easements and/or covenants and consent notices. 12B Specific Urban Growth Area Requirements Wairakei Urban Growth Area In addition to the matters of control and conditions specified in Rule 12B.3.2 Controlled Activities Matters of Control and Conditions in considering a subdivision within the Wairakei Residential Zone the Council also reserves control over the following matters: a) How the subdivision is generally in accordance with UG9, Section 6, Urban Growth Plans, (Plan Maps, Part B; b) Whether the land being subdivided is suitable for urban subdivision having regard to ground conditions and geotechnical assessment; c) How the subdivision achieves a low level of risk in accordance with the requirements of the operative Regional Policy Statement Appendix L Methodology for risk assessment through such means as land remediation or building/foundation design for Development Areas within 1E, as shown on Diagram 11, Section 5 (Plan Maps, Part B); d) How the subdivision for any permanent land use activity that provides acoustic mitigation (e.g. bund; barrier) is designed so that it does not have any adverse geotechnical effect on the Tauranga Eastern Link and meets the requirements in Rule 12B (e) Specific Urban Growth Area Requirements Stormwater Management in the Wairakei Urban Growth Area; e) How the subdivision is designed to achieve a minimum building platform level that meets the requirements in Rule 12B (g) - Specific Urban Growth Area Requirements Wairakei Urban Growth Area; f) The imposition of conditions relating to implementing the matters in Rule 12B Specific Urban Growth Area Requirements Wairakei Urban Growth Area above Subdivision, Services and Infrastructure 12 March 8 October Section 12B Page 14 of 22

15 12B.4 Restricted Discretionary Activity Rules The following are Restricted Discretionary Activities: a) Subdivision within an urban growth area listed in Rule 12B Development Intensity and Scale in Urban Growth Areas, where the minimum average nett yield shortfall is no more than 0.5 dwellings per hectare below the minimum required in Rule 12B Development Intensity and Scale in Urban Growth Areas, except subdivision where the minimum average nett yield is less than 12 dwellings per hectare; b) Subdivision within the Wairakei Residential Zone; b) Subdivision within the Wairakei Residential Zone; c) b) Any Controlled Activity that does not comply with a Controlled Activity standard and term, other than those activities identified in Rule 12B.5 Discretionary Activities; d) c) Any activity listed as a Restricted Discretionary Activity in Table 12A.1: Subdivision Activity Status. e) d) Subdivision within the Central Bethlehem Scheduled Site. Note: A minimum average nett yield of less than 12 dwellings per hectare shall be considered as a Non Complying Activity. 12B.4.1 Non Notification Any application for a resource consent made under Rule 12B.4 a) Restricted Discretionary Activity Rules shall not be notified, or served on affected persons. 12B.4.2 Non Notification Wairakei Residential Zone Any application for a resource consent made under Rule 12B.4 b) Restricted Discretionary Activity Rules in the Wairakei Residential Zone shall not be notified, or served on affected persons. 12B.4.2 Non Notification Wairakei Residential Zone Any application for a resource consent made under Rule 12B.4 b) Restricted Discretionary Activity Rules in the Wairakei Residential Zone shall not be notified, or served on affected persons. 12B.4.3 Restricted Discretionary Activity Standards and Terms Restricted Discretionary Activities shall comply with the following standards and terms: 12B Yield Shortfalls in Urban Growth Areas For subdivision in an urban growth area which is a Restricted Discretionary Activity under Rule 12B.4 a) Restricted Discretionary Activity Rules, an assessment shall be provided with an application for resource consent which addresses: a) How the topographical, geotechnical and land form constraints of the subject site have affected the ability to achieve the minimum average nett yield required in Rule 12B Development Intensity and Scale in Urban Growth Areas; and/or b) How current housing market conditions within the City affect the ability of the subdivision to achieve the minimum average nett yield required in Rule 12B Development Intensity and Scale in Urban Growth Areas; and c) How lower yields may be able to achieve high-quality urban design sought through Rule 12B.3.2 Controlled Activities - Matters of Control and Conditions in future development. d) How higher yields will be able to achieve high-quality urban design sought through Rule 12B.3.2 Controlled Activities Matters of Control and Conditions; e) In particular for Pyes Pa West: 1512 Subdivision, Services and Infrastructure 12 March 8 October Section 12B Page 15 of 22

16 i) The options and opportunities for a variety of lot sizes, including opportunities for higher density development within the Pyes Pa Medium Rise Plan Area and comprehensively designed development (Suburban Residential Zone urban growth areas and Papamoa Medium Rise Plan Area) within the Suburban Residential Zone; f) Submission of a master plan showing indicative development and the balance of the stage and subsequent stages showing the likely total yield to be achieved. 12B Subdivision in the Wairakei Residential Zone a) The subdivision design and layout shall be in accordance with the approved comprehensive development consent (Wairakei Urban Growth Area) under Rule 14B.6.13 Restricted Discretionary Activity Wairakei Residential Zone - Standards and Terms or any variations granted to it; b) All new allotments shall have a minimum building platform level (relative to Moturiki Datum) of: i) 4.8m RL for allotments that are proposed for non-habitable residential buildings; 5.1m RL for allotments proposed for habitable buildings (including attached garages). Note: Subdivision that does not comply with Rule 12B Subdivision in the Wairakei Residential Zone is a Non-Complying Activity under Rule 12B.6 Non-Complying Activity Rules. 12B Subdivision in the Wairakei Residential Zone a) The subdivision design and layout shall be in accordance with the approved comprehensive development consent (Wairakei Urban Growth Area) under Rule 14B.6.13 Restricted Discretionary Activity Wairakei Residential Zone - Standards and Terms or any variations granted to it; b) All new allotments shall have a minimum building platform level (relative to Moturiki Datum) of: i) 4.8m RL for allotments that are proposed for non-habitable residential buildings; 5.1m RL for allotments proposed for habitable buildings (including attached garages). Note: Subdivision that does not comply with Rule 12B Subdivision in the Wairakei Residential Zone is a Non-Complying Activity under Rule 12B.6 Non-Complying Activity Rules. 12B Subdivision in the Wairakei Residential Zone For subdivision in an urban growth area which is a Restricted Discretionary Activity under Rule 12B b) Specific Urban Growth Area Requirements Wairakei Urban Growth Area are subject to the following standards and terms: a) An engineering assessment of infrastructure capacity in relation to the anticipated water and traffic demands generated by the proposed subdivision. 12B Subdivision in the Central Bethlehem Scheduled Site (Standards and Terms) a) Any application for subdivision within the part of the Central Bethlehem Scheduled Site zoned Suburban Residential shall comply with the following: i) Rule 12B a) Minimum Allotment Sizes; Rule 12B Design Assessment i iv) Rule 12B Earthworks; Rule 12B Services; v) Rule 12B Infrastructure; vi) Rule 12B Potentially Contaminated Land; v Rule 12B Staging. b) The combination of existing and proposed allotments for independent dwelling units and/or dwelling unit equivalents within the part of the Central Bethlehem Scheduled Site zoned Suburban Residential and identified as Area A on Appendix 12G: Outline Development Plan - Central Bethlehem Scheduled Site (Sheet 1) shall not exceed 150 allotments; 1612 Subdivision, Services and Infrastructure 12 March 8 October Section 12B Page 16 of 22