Appendix 2: RM et al. Conditions of Consent

Transcription

1 Appendix 2: RM et al. Conditions of Consent RM Subdivision Consent (with Attachment A) (for residential subdivision in Rural 3 zone) RM Land Use Consent (for access formation standards) RM Land Use Consent (for dwellings on the allotments created per consent RM in Rural 3 Zone) Land Use Consent RM (for earthworks associated with the establishment of the subdivision per consent RM160990) RM Discharge Permit (for discharge of potentially contaminated stormwater onto land, in circumstances where it may enter water, during the construction phases of subdivision consent RM160990) RM Discharge Permit (with Schedule A) - Wastewater (for discharge of domestic wastewater onto land in the Wastewater Management Area from each of Lots as authorised by subdivision consent RM160990) RM Discharge Permit (with Schedule A) - Stormwater (for discharge of stormwater onto land from each of Lots as authorised by subdivision consent RM160990) RM Land Use Consent (for carrying out works associated with the formation of detention basins and installation of culverts, within the bed and banks of unnamed streams) RM Water Permit (for non-consumptive taking of surface water for bypass pumping associated with the construction of detention basins on unnamed streams) RM Discharge Permit (for discharge of bypass pumping water to water) RM Water Permit (for damming of water by a stormwater detention bund on Lot 23 of subdivision consent RM160990) RM Water Permit (for damming of water by a stormwater detention bund on Lot 46 of subdivision consent RM160990) RM17805 Water Permit (for damming of water by a stormwater detention bund on Lot 30 of subdivision consent RM160990) RM Land Use Consent (for erection of a structure in a watercourse associated with the construction of a stormwater detention bund on Lot 23 subdivision consent RM160990) RM Land Use Consent (for erection of a structure in a watercourse associated with the construction of a stormwater detention bund on Lot 46 of subdivision consent RM160990) RM Land Use Consent (for erection of a structure in a watercourse associated with the construction of a stormwater detention bund on Lot 30 of subdivision consent RM160990) 23

2 RM and RM Subdivision and Land Use Consents (access formation standards) General 1 The subdivision shall be undertaken in general accordance with the following: The original application, assessment of effects on the environment (AEE), and supporting technical reports provided to Tasman District Council (TDC or the Council); and The set of plans attached as Appendix 3 and numbered as follows: Plans A1 to A3 option A with road closing; Plans B1 to B3 option B with no road closing; Plans C1 to C13 option A and EI and E2 showing road and right of way formation, lots with landscape controls, road to vest, areas to covenant, reserve areas to vest, location of detention dams; Plan D Catchment areas; Plans E1 and E2 Stringer Road and Bronte Road Option A road and walkway formation; and Plans F1 and F2 Indicative Secondary Flow Paths. Plans G, H and I showing specific details. If there is conflict between the information submitted with the original application documentation and any revised application documentation, the revised documentation shall prevail. If there is any conflict between the consent application documentation and any conditions of this consent, then the conditions of this consent shall prevail. Lapsing of Consents RM (Subdivision) and RM (Access formation) 2 These consents shall lapse 15 years after the date of commencement, unless the Tasman District Council has granted an extension pursuant to Section 125(1) of the Resource Management Act (RMA or the Act). Staging 3 The subdivision shall be completed in stages as set out below and on Plans C1- C13, attached to these consents in Appendix 3. Stage Description Plan Numbers of residential lots A Lots 1-10, Road to vest Lots 138, 139, 141, covenanting of podocarp on Lots 2 and 10. B Lots 11-15, 16 and 136 amalgamated, 17-21,137 and 140 reserve area, Road to vest Lots 142, 143 and 144, Stringer Road walkway formation B1 10 B

3 C Lots B1 7 D Lots 29-34, part Lot 150 B1 6 E Lots B1 7 F Lots B1 8 G Lots B1 4 H Lots B1 4 I Lots 58-61, Moutere Highway walkway link B1 4 J Lots B1 5 K Lots B1 11 L Lots B1 6 M Lots 84-90, part Lot N Lots O Lots P Lots Q Lots R Lots S Lots The order of commencement and completion of Stages A to S is interchangeable, providing the relevant roads, rights of way, detention basins and other access points are progressively provided for each stage. 4 Stormwater detention dams must be completed as part of the first stage of works for any of the catchments they detain stormwater flows for. Catchments and detention dams are shown on Plan D, as follows: Catchment C dam detains for stormwater flows for catchments A, C, D, G (covers all or part of Stages A-D, J, M and P); Catchment E dam detains stormwater flows for catchment E (covers all or part of Stages D, and M-O); and Catchment F dam detains stormwater flows for catchment F (covers all or part of Stages F-I, K, L, N and O.) 5 All bulk earthworks required for road formation, recontouring and building platform formation for each stage shall be completed within one year of commencement of works for that stage. Any earthworks associated with the installation of services shall be excluded from this time restriction. 25

4 6 For each stage of the subdivision, the wastewater and stormwater discharge permits approved under Discharge Permit RM (wastewater) and Discharge Permit RM (stormwater) shall be transferred to the individual respective property owners, with a separate resource consent number issued for each new residential title. Consent notices on each title shall require compliance with the relevant wastewater and stormwater discharge permits. Easements 7 Easements shall be created over any services located outside the boundaries of the allotments that they serve, as easements in gross to the appropriate authority, or appurtenant to the appropriate allotment. 8 Easements shall be created over any right-of-way and shall be shown in a Memorandum of Easements on the survey plan submitted for the purposes of section 223 of the Act. Easements shall be shown on the land transfer title plan and any documents shall be prepared by a solicitor at the Consent Holder s expense. 9 The survey plan submitted for the purposes of section 223 of the Act shall include reference to easements. 10 Any easements that are no longer required shall be removed and reference to these shall be made on the survey plan. 11 A forestry friendly rural emanations easement shall be offered, and if accepted registered on the Computer Freehold Registers for those allotments with a Building Location Area (BLA) within 30 metres of the boundary with commercial forestry. The memorandum granting the easement is to be generally in the form attached to this consent as Attachment 1. Building Location Plan 12 Once formed by the Consent Holder, a BLA plan for each of the allotments shall be prepared by a registered professional surveyor and shall be shown on the survey plan submitted to Council for section 223 approval for each stage of the subdivision. 13 The BLA for Lots 1-135, shown on the plan of subdivision, shall fix the finished ground level of the BLA and show that level by reference to the TDC Datum on the Computer Freehold Register Plan. At the time of fixing the finished ground levels for the BLA in Stage S, the Consent Holder shall confirm which lots require on-site stormwater detention in accordance with Condition (8) of resource consent RM Financial Contributions 14 The Consent Holder shall pay a financial contribution for reserves and community services in accordance with following: the amount of the contribution shall be 5.62 percent of the total market value of a notional building site on each allotment of 2,500m2 at the time subdivision consent for each stage, before section 224 certificate for that stage is issued; the Consent Holder shall request in writing to the Council s Consent Administration Officer (Subdivision) that the valuation be undertaken. Upon 26

5 receipt of the written request, the valuation shall be undertaken by the Council s valuation provider at the Council s cost; if the payment of the Financial Contribution is not made within two years of the date of the valuation, then a new valuation shall be in accordance with above, with the exception that the cost of the new valuation shall be paid by the Consent Holder, and the 5.62 percent contribution shall be recalculated on the current market valuation. Payment shall be made within two years of any new valuation. The financial contributions set out above shall be discounted in accordance with the following: (i) A credit for 1 existing Computer Freehold Register (Title); (ii) That 20% of the value of the land and formation costs for the Lot 150 walkway/ cycleway linkage against reserve financial contributions subject to an acceptable quote for formation works; (iii) (iv) That 20% of the value of the land and formation costs for the Road E to Eban Road walkway/ cycleway linkage against reserve financial contributions subject to an acceptable quote for formation works; 100% the value of the land and the 6 car park formation for Lot 140 subject to an acceptable quote for car park formation. A copy of the valuation together with an assessment of the financial contribution will be provided by the Council to the Consent Holder. Landscaping 15 The Consent Holder shall form the building platform on each of Lots 1-135, in general accordance with the Tasman Carter Landscape Plans Numbers (1) (9), attached as Appendix 3 to the Tasman Carter Landscape Report dated 23 September 2016, to reflect the controls and achieve the outcomes in Appendix 2 of that Tasman Carter Report. 16 Before planting commences, a Landscape Planting and Management Plan (LPMP) covering, Lots 1, 4-11, 13-14, 21, 57-64, 66-68, 77, 78, 105, 106, 107, , , 124, shall be prepared by a qualified landscape architect and submitted for certification by the Council's Consent Manager as relevant to each stage in the development. The LPMP shall be in general accordance with the Tasman Carter Landscape Plans Numbers (1)-(9), attached in Appendix 3 to the Tasman Carter Landscape Report dated 23 September 2016, to reflect the controls and achieve the outcomes in Appendix 2 of that Tasman Carter Report. The Council's Consent Manager will within 20 working day of receiving the LPMP certify that the plan reasonably reflects the controls and achieves the outcomes in Appendix 2 of the Tasman Carter Report. 17 The Consent Holder shall complete the landscaping on each of Lots 1, 4-11, 13-14, 21, 57-64, 66-68, 77, 78, 105, 106, 107, , , 124, and , in accordance with the LPMP in Condition (16) of these consents. 27

6 If due to seasonal weather constraints, the required planting is best delayed to the next planting season, the Consent Holder may negotiate to secure planting being undertaken, the bond to be a maximum of $1, per site, till the planting is completed and the Certificate set out in by Condition 18 below has been provided to Council. 18 Prior to issue of the Section 224(C) Certificate the Consent Holder shall provide certification from the landscape architect confirming that Conditions (16) and (17) of these consents have been met. 18A During construction works, the pine trees shown on Plan G attached to these consents shall be retained, except as necessary to form and vest land as road reserve. 19 During construction the wetland on Lots (16) and (22), the podocarp forest on Lots 2, 10 and 12, and the vegetation identified as "existing native vegetation" in the Tasman Carter Landscape Plans Numbers (1)-(9) and Appendix 3 of the Tasman Carter Report dated 23 September 2016, shall not be removed, damaged or cleared except as required for construction of roads, detention basins, BLAs, walkways, driveways or rights of ways, and any placement of fences. 20 The wetland contained in Lots 16 and 22 shall be either the subject of QEII Covenant in favour of the Queen Elizabeth the Second National Trust. In the event that the Queen Elizabeth the Second National Trust will not accept the Covenant, then a private Covenant in favour of the Council or immediately adjoining lots shall be placed over those Computer Freehold Registers precluding the modification of the natural function and natural character of the wetland. For the avoidance of doubt, this condition shall not preclude planting or weed removal. 21 The podocarp forest contained on Lots 2, 10 and 12 shall be the subject of a private Covenant in favour of the Council or immediately adjoining lots over those Computer Freehold Registers precluding the modification or removal of the podocarp forest remnants. Reserves to Vest with Tasman District Council 22 The following reserves shall be vested, and associated parking areas provided: (d) Lot 140 shall vest in the Council as a Recreation Reserve and shall be formed and presented at section 224 for approval in accordance with the Engineering Standards that are applicable at the time. Six parking spaces shall be provided in association with Lot 140. The parking spaces shall be formed in accordance with the Engineering Standards that are applicable at the time. Lot 150 shall vest in the Council as a Recreation Reserve and shall be formed in accordance with the Engineering Standards that are applicable at the time and at the Consent Holders cost, except for the discount against reserves financial contributions as set out in condition 14(ii). Road E to Eban road walk / cycleway linkage shall vest with council as road reserve and shall be formed and presented at section 224 for approval in accordance with the Engineering Standards that are applicable at the time. 28

7 (e) (f) Lots 138, 139, 141, 142, 143, 144, 145 and 146 as Road Reserve if Option A proceeds and the relevant paper road is closed and realigned; Lots 144, 145 and 146 as Road Reserve, once formed to the standard required by the Consent Holder as shown on Plans C1-C13 and Plans E1 and E2. Walkways / Cycleways Formation 23 Lot 150 and the Road E to Eban Road walk/cycle way linkage shall vest in Council as either Recreation Reserve or Road Reserve respectively. Each shall have a minimum legal width of 6 metres and a formed width of 2.2 metres with a minimum level shoulder of 0.5 metres on each side to provide for maintenance vehicle access. The walkway within Stringer Road shall be formed to a clay based surface in accordance with the attached Plan E2 and at the Consent Holder s cost, but any bridges or structure shall be at Council s cost. Council s Development Engineer has confirmed that the stream crossing within the legal unformed Stringer Road will have a wooden foot bridge constructed and installed by Council at its cost. The walkway referred to in Condition 23 will complete the connection to the existing formed section of Stringer Road. 24 Subject to Condition (23) above, the two walk/cycle linkages shall be formed and presented at section 224 for approval in accordance with the NZ Handbook for Tracks and Outdoor Visitor Structures (SNZ HB 8630:2004) standards for a Short Walk. The departure from the NZS for walk/cycle way width of 2 metres to 2.2 metres is to accommodate all anticipated uses on shared paths and taking into account the wider dimensions of mountain bikes currently in use. 25 The boundaries of the walk/cycle linkages shall be confirmed in the engineering plans as set out in Condition (29) and generally in the location on the amended scheme plan. 26 The costs of survey shall be met by the Consent Holder for Lots 140, 150 and the walk/cycle linkage from Road E to Eban road. Consent Notices 27 The following consent notices shall be registered on the Computer Freehold Register of Lots 1-135, pursuant to Section 221 of the Resource Management Act, requiring on a continuing basis. These consent notices shall be prepared by the Consent Holder s solicitor at the Consent Holder s expense and shall be complied with by the Consent Holder and any subsequent individual Lot owners on an ongoing basis. All costs associated with approval and registration of the consent notice shall be paid by the Consent Holder. Building Location Areas All buildings shall be located within the building location areas (BLAs) fixed on the computer freehold registers for each lot. 29

8 Water Prior to the dwelling being habitable the following shall be provided: A potable water supply with at least 23 cubic metres of storage, either as a rainwater collection system or from a community scheme if one is available (NB: there is no water supply from the Tasman District Council available to this lot) A firefighting water supply that is accessible and usable by a fire engine and between 6 and 90 metres from the dwelling that either: i. stores at least litres; or ii. is provided from a home sprinkler system that is fitted to a reliable year-round water supply; or iii. is from a source that provides at least 25 litres per second for 30 minutes. All water tanks shall be buried. Lighting (d) No street lights are to be used for access ways, and all exterior lighting is capped and downward facing to prevent unnecessary light spill on neighbouring properties. Heights of buildings (e) The maximum height of buildings on Lots 133, 106, 105, 118, 120, 121, 124, 109, 112, 21, 11, 10, 13, 14, 1, 4 and 5 is limited to five metres above the finished ground level of the BLA. Height for the purposes of this consent shall mean height above ground level of the site at Section 224(Completion Certificate) stage. (f) The maximum height of buildings on Lots 119, 110, 111, 114, 116, 6, 9 and 8 is limited to six metres above the finished ground level of the BLA. Height for the purposes of this consent shall mean height above ground level of the site at Section 224(Completion Certificate) stage. Recessive Colours (g) Prior to applying for building consent, the Consent Holder shall submit to Council s Consent Planner, Richmond for approval the finish materials and colour for all exterior parts of the building. Roof colours must have a reflectance value of 25% and wall colours must have a reflectance value of 50%. The following information for each part of the building (including the roof, walls, joinery, decking, water tanks and any other exterior structures, as applicable) is required to be submitted: a) Finish material; b) Manufacturer; 30

9 c) Colour; d) Reflectance value (for paint finish); and e) A sample colour chip. This condition is imposed to ensure the building colour and finish materials are recessive, non-reflective and merge into, rather than stand out from, the surrounding rural landscape. Landscaping (h) The vegetation identified as existing native vegetation in the Tasman Carter Landscape Plans Numbers (1) (9) in Appendix 3 and Figure 5A of the Tasman Carter Report dated 23 September 2016, shall not be removed, damaged or cleared except as required for construction house sizes, buildings, the location of water storage tanks, the construction and maintenance of walkways, driveways or rights of ways, the maintenance of fence lines (including control of vegetation within 2.0 metre either side of the fence) (i) Landscape plantings on Lots 1, 4-11, 13-14, 21, 57-64, 66-68, 77, 78, 105, 106, 107, , , 124, and , and shown on the LPMP prepared under Condition (16) of Subdivision Consent RM for each lot, must be maintained by the lot owner in perpetuity in accordance with the LPMP Maintenance of Coastal Views, Lot 124 (j) Within Area A in Plan H attached to these consents, no vegetation shall be planted which would impede coastal views from the public viewing point along the Moutere Highway above the site. Forestry, Lot 69 (k) The pine forest on Lot 69, shown on Plan G attached to these consents, is to be kept until replanting is established in a manner that screens the houses on Lots 66-70, 134 and 135, as viewed from the Moutere Highway eastern approach. Further Subdivision (l) Further subdivision is prohibited, except for any boundary relocations (where no additional Computer Freehold Registers are created) or for utility purposes. Number of Residences (m) Residential development is limited to a single dwelling and may include secondary self-contained housekeeping unit within that dwelling. Maintenance of Stormwater Detention Basins and Structures and Secondary Flow Paths (n) (o) The owners of Lots 23, 30, 46 and 47 shall maintain the stormwater detention dams and/or basins in accordance with the Operations and Maintenance Manual in Condition (3) of Discharge Permit RM The owners of each allotment shall maintain the indicative stormwater secondary flows paths shown on Plans F1 and F2 attached to this Consent Notice, and as confirmed as part of the as-built plans prior to section 224 approval, in 31

10 accordance with the Stormwater Maintenance Plan required under Condition (49) of Subdivision Consent RM The secondary flow paths shall be maintained free of obstruction, including structures, earthworks, vegetation or other debris, that may impede the flow of stormwater from and to neighbouring properties and gullies. Engineering Works and Plans 28 Engineering plans detailing all works and services for each respective stage shall be submitted to the Council s Engineering Manager and approved prior to the commencement of any works on each of Stages A to S of the subdivision. All plans shall be in accordance with either standards specified in the Council s Engineering Standards and Policies that are current at the time that each stage is developed or else to the satisfaction of the Council s Engineering Manager. The plans shall include (but not necessarily be limited to): all roading, right of way and BLAs and associated works; walk/cycle linkages; and stormwater, culverts, walk/cycle linkages and stormwater detention basins; Preparatory earthworks can be started before engineering plan approval provided all conditions of the Land Use Consent RM are met and the Council s Engineering Manager approval is provided prior to work commencing. For the avoidance of doubt, with regards to the submission of engineering plans to Council, engineering plans can be submitted separately as they relate to each stage. 29 All works shall be done in accordance with the approved engineering plans. Commencement of Works and Inspection 30 The Council s Engineering Department shall be contacted at least five working days prior to the commencement of any engineering works for each stage. In addition, five working days notice shall be given to the Council s Engineering Department when soil density testing, pressure testing, beam testing or any other major testing is undertaken. Prior to the commencement of work for each stage, the Consent Holder and its representatives may be invited to meet with Council staff to discuss the work to be undertaken including (but not limited to) roles and responsibilities, timing of the works and reporting. Engineering Certification 31 At the completion of works for each stage, a suitably qualified and experienced chartered professional engineer or registered professional surveyor shall provide the Council s Engineering Manager with written certification that all works, including culverts, dam spillways, walk/cycle linkages and detention dams, have been constructed in accordance with the approved engineering plans and the conditions of this consent. 32

11 32 Certification from a suitably qualified chartered professional engineer or geotechnical engineer experienced in the field of soils engineering (and more particularly land slope and foundation stability) that all building platforms and nominated building sites on Lots are suitable for the erection of residential buildings shall be submitted to the Council s Engineering Manager. The certificate shall define on Lots 1-135, within the building location area, the area suitable for the erection of residential buildings and shall be in accordance with NZS 4404:2010 Schedule 2A. Any limitations identified in Schedule 2A shall be noted on a consent notice pursuant to section 221 of the RMA, prior to the issue of the section 224 certificate. This consent notice shall be prepared by the Consent Holder s solicitor at the Consent Holder s expense and shall be complied with by the Consent Holder and subsequent owners on an ongoing basis. 33 Where fill material has been placed on any part of the site, a certificate shall be provided by a suitably experienced chartered professional Engineer, certifying that the filling has been placed and compacted in accordance with NZS 4431: Where dams are to be used for stormwater attenuation they shall be certified by a suitably qualified and experienced chartered professional dam engineer and meet any recommendations imposed as part of that certification. A copy of the certification report shall be provided to the Council prior to section 224 certification. Street Names and Numbers 35 At least three new street names (with reasons and backgrounds) for each new street/road shall be submitted for approval prior to the issue of a section 223 certificate. 36 The street numbers will be allocated on the submission of engineering plans and prior to the issue of a section 223 certificate. 37 The street numbers for any existing houses (that will have new frontages) shall be changed and correctly displayed before the final title plan is approved. 38 The cost of a name plate for any new street/pavement markings or private way sign shall be met by the Consent Holder on application to Tasman District Council. Walk/Cycle Linkages, Roads and Rights of Way 39 All walk/cycle linkages, including the 2.2 metre wide clay formed path within the unformed section of Stringer Road as shown on Plan E2, roads to vest, and rights of way shall be constructed in accordance with the specifications shown on Plans C1- C13 and Plans E1 and E2 attached to these consents; and otherwise the standards specified in the Council s Engineering Standards and Policies that are current at the time that each stage is developed, or else to the satisfaction of the Council s Engineering Manager. Council s Development Engineer has confirmed that the stream crossing within the legal unformed Stringer Road will have a wooden foot bridge constructed and installed by Council. 40 Intersections shall be shall be constructed in accordance with the specifications recommended in the Tim Kelly Report dated September 2016; and otherwise the 33

12 standards specified in the Council s Engineering Standards and Policies that are current at the time that each stage is developed, or else to the satisfaction of the Council s Engineering Manager. The width and construction standards shown on Plans C1-C13 and E1 and E2 for each of the roads and rights of way is agreed to by Council, and these override any related standards in Council's Engineering Standards and Policies Crossing places shall be formed for each lot in the subdivision in accordance with Council's Engineering Standards and Policies that are current at the time that each stage is developed. Stormwater - General 42 Detailed design of the stormwater detention basins required under Condition (4) and any treatment devices within roads shall be supplied and certified prior to the issue of the section 224 certificate for each stage of the subdivision. The design must be in accordance with the following requirements: The stormwater disposal system, including treatment and detention systems shall be designed by a suitably qualified and experience professional engineer and in accordance with Council s Engineering Standards & Policies that are current at the time each stage is developed. The stormwater network shall be designed and constructed in general accordance with the details contained in the engineering report prepared by Cameron Gibson & Wells Limited dated 10/2/2017, Document Number RPT-001-D, further information received 22 May 2017 titled CGW Response following Meeting with TDC 17th of May, and Plans D, F1 and F2 attached to these consents, excepting that at least 20% excess volume capacity shall be provided in the stormwater detention basins above that required to comply with the Council s Engineering Standards and Policies, and that this excess capacity be utilised to further reduce the design peak flows. Where there are any apparent conflicts or inconsistencies between the information provided and the conditions of these consents, the conditions shall prevail. Copies of documents referred to in these consents are available for viewing at the Richmond Office of the Council. (d) (e) (f) Stormwater discharge from the subdivision site shall be limited to pre-developed peak flows for 20%, 10%, 5% and 1% percent annual exceedance probability (AEP) events in accordance with the TDC Engineering Standards and Policies. All primary and secondary stormwater discharge points shall be protected against erosion up to the design standard required by the Council s Engineering Standards that are applicable at the time of development. All stormwater discharged from the development areas within the site shall be treated in accordance with Auckland Council s Technical Publication No.10 (TP10) guidelines for water quality (or its successor). Secondary flow paths, generally in accordance with Plans F1 and F2, are to be shown on the As Built plans. 34

13 These stormwater flow paths will be protected by consent notice on the relevant computer freehold register for each lot. (g) (h) If filling obstructs the natural runoff from an adjoining property then provision shall be made for the drainage of that property. All stormwater flows shall be directed into natural drainage gullies within the subject site. No stormwater from individual building location areas shall be discharged directly onto adjacent properties unless appropriate easements are in place. 43 Prior to the issue of the section 224 certificate for the first stage of each catchment of the subdivision, the Consent Holder shall develop a Stormwater Maintenance Plan which details the maintenance requirements of the stormwater treatment systems and erosion protection structures, including details of maintenance frequency for each system, for the duration of the subdivision consent, as it relates to the remaining stages in that catchment The maintenance requirement and frequency shall be in accordance with the designer s recommendations for the systems. 44. The Stormwater Maintenance Plan shall be provided to the Council s Consents Manager for review and certification. The following shall apply in respect of any condition which requires the Consent Holder to provide the Council with a plan or similar document for certification : (d) the Consent Holder shall provide the plan to the Council in accordance with the timeframe specified in the applicable condition; the Consent Holder may commence the activities for which the plan relates in accordance with the submitted plan, unless the Council advises the Consent Holder in writing within 20 working days of receipt of the plan, that it refuses to certify it on the grounds that it fails to meet the requirements of the condition which requires such a plan to be provided and the Council provides reasons why that view is held; should the Council (acting reasonably) refuse to certify the plan, the Consent Holder shall submit a revised plan to the Council for certification. Clause shall apply for any resubmitted plan; and once certified, the plan may be varied by the Consent Holder. The certification process for any variation to the plan shall follow the process outlined in to above. The activities subject to the variation shall not commence until the variation has been certified by the Council. 45. The Consent Holder shall maintain the stormwater system over any undeveloped land or land remaining in its ownership in accordance with the Stormwater Management Plan certified under Condition (44). 46. Prior to section 224 certificate for each stage, the Consent Holder shall provide confirmation from a suitably qualified professional that all required stormwater network construction has been completed to the satisfaction of Councils Engineering Manager. 35

14 Cabling 47 Live communications and electric power connections shall be provided (at the Consent Holder s expense) to each lot and all wiring shall be underground to the standard required by the supply authority. 48 Confirmation of the above from the supply authority and a copy of the supplier s Certificate of Compliance shall be provided to the Council. 49 Any easements required to protect access to services shall be duly granted or reserved. Electricity 50 Electricity substation sites shall be provided, as required, by the supply authority. Substations shall be shown as Road to Vest on the survey plan, if adjacent to a road or road to vest, and indented in to the property. Maintenance Performance Bond 51 Prior to section 224 certification, the Consent Holder shall provide Council with a bond to cover maintenance of any roads or services that will vest in Council. The amount of the bond shall be $1,300 per lot developed in each stage, to a maximum of $26,000, or such lesser figure agreed by the Council Engineering Manager, and shall run for a period of two years from the date of issue of the section 224 certificate for each stage. 52 As built plans of services will be required at the completion of the works and approved by the Council s Engineering Manager prior to the issue of a section 224 certificate. GENERAL ADVICE NOTES Council Regulations 1 This is not a building consent and the Consent Holder shall meet the requirements of Council with regard to all Building and Health Bylaws, Regulations and Acts. Other Tasman Resource Management Plan Provisions 2 These resource consents only authorise the activitives described above. Any matters or activities not referred to in these consents or covered by the conditions must either: (1) comply with all the criteria of a relevant permitted activity rule in the Tasman Resource Management Plan; (2) be allowed by the Resource Management Act; or (3) be authorised by a separate resource consent. Consent Holder 3 These consents are granted to the abovementioned Consent Holder, but section 134 of the Act states that such land use consents attach to the land and accordingly may be enjoyed by any subsequent owners and occupiers of the land. Therefore, any reference to Consent Holder in the conditions shall mean the current owners and occupiers of the subject land. Any new owners or occupiers should therefore familiarise themselves with the conditions of these consents, as there may be conditions that are required to be complied with on an ongoing basis. 36

15 Accidental Discovery 4 In the event of Maori archaeological sites (e.g. shell midden, hangi or ovens, garden soils, pit depressions, occupation evidence, burials, taonga) or koiwi (human remains) being uncovered, activities in the vicinity of the discovery shall cease. The Consent Holder shall then consult with Tiakina te Taiao Limited and Heritage New Zealand s Central Regional Office (PO Box Wellington, phone (04) , fax (04) ), and shall not recommence works in the area of the discovery until the relevant Heritage New Zealand approvals to damage, destroy or modify such sites have been obtained. The discovery of any pre-1900 archaeological site (Maori or non-maori), which is subject to the provisions of the Heritage New Zealand Pouhere Taonga Act 2014, needs an application to Heritage New Zealand for an authority to damage, destroy or modify the site. Development Contributions 5 A Development Contribution notice is required to be issued with this subdivision consent. Only roading Development Contributions are required. 37

16 Attachment 1 -Forestry emanations easement 38

17 Land Use Consent RM To construct a dwelling on each of Lots authorised by subdivision consent RM in the Rural 3 Zone. Lapsing Date 1 This consent shall lapse five years after the date of commencement, unless given effect to, or the Council has granted an extension pursuant to section 125(1) of the Resource Management Act The commencement date of this consent shall be the issue date of the Computer Freehold Registers (titles) for each of the new allotments at their respective stage in Subdivision Consent RM Building location 2 Buildings shall be restricted to the Building Location Areas (BLA) identified on the Survey Plan provided pursuant to section 223 of the Act, and all buildings shall, subject to any recommended conditions noted on each title (if any), be fully contained within each BLA. Heights of buildings 3 The maximum height of buildings on Lots 133, 106, 105, 118, 120, 121, 124, 109, 112, 21, 11, 10, 13, 14, 1, 4 and 5 is limited to five metres above the finished ground level of the BLA. Height for the purposes of this consent shall mean height above ground level of the site at section 224 (Completion Certificate) stage. 4 The maximum height of buildings on Lots 119, 110, 111, 114, 116, 6, 9 and 8 is limited to six metres above the finished ground level of the BLA. Height for the purposes of this consent shall mean height above ground level of the site at section 224(Completion Certificate) stage. Water storage 5 Prior to the dwelling being habitable the following shall be provided: A potable water supply with at least 23 cubic metres of storage, either as a rainwater collection system or from a community scheme if one is available (NB: there is no water supply from the Tasman District Council available to this lot) A firefighting water supply that is accessible and usable by a fire engine and between 6 and 90 metres from the dwelling that either: i stores at least litres; or ii. is provided from a home sprinkler system that is fitted to a reliable yearround water supply; or iii. is from a source that provides at least 25 litres per second for 30 minutes. All water tanks shall be buried. 39

18 Domestic Wastewater Disposal 6 At the time of building consent, the Consent Holder shall provide a design for on-site wastewater that accords with Discharge Permit RM Stormwater Management 7. Stormwater from buildings and impervious surfaces shall be managed in accordance with Discharge Permit RM On-site stormwater detention shall be provided on Lots 134 and 135 (in Catchment B, as determined by Condition (13) in Subdivision Consent RM160990). The design of the stormwater detention system shall be provided and confirmed at the time of building consent for the dwelling on each lot. Street Lighting 8 No street lights are to be used for access ways, and all exterior lighting is capped and downward facing to prevent unnecessary light spill on neighbouring properties. Landscaping 9 The vegetation identified as existing native vegetation in the Tasman Carter Landscape Plans Number (1) (9) in Appendix 3 of the Tasman Carter Report dated 23 September 2016, shall not be removed, damaged or cleared except as required for construction house sizes, buildings, the location of water storage tanks, the construction and maintenance of walkways, driveways or rights of ways, the maintenance of fence lines (including control of vegetation within 2.0 metre either side of the fence). 10 Landscape plantings on Lots 1, 4-11, 13-14, 21, 57-64, 66-68, 77, 78, 105, 106, 107, , , 124, and , and as shown on the LPMP under Condition (16) of Subdivision Consent RM shall be maintained by the lot owner in perpetuity and in accordance with the LPMP. Recessive Colours 11 Prior to applying for building consent, the Consent Holder shall submit to Council s Consent Planner, Richmond for approval the finish materials and colour for all exterior parts of the building. Roof colours must have a reflectance value of 25% and wall colours must have a reflectance value of 50%. The following information for each part of the building (including the roof, walls, joinery, decking, water tanks and any other exterior structures as applicable) is required to be submitted: a b c d e Finish material; Manufacturer; Colour; Reflectance value (for paint finish); and A sample colour chip. 40

19 This condition is imposed to ensure the building colour and finish materials are recessive, non-reflective and merge into, rather than stand out from, the surrounding rural landscape. ADVICE NOTES Council Regulations 1 This is not a building consent and the Consent Holder shall meet the requirements of Council with regard to all Building and Health Bylaws, Regulations and Acts. Other Tasman Resource Management Plan Provisions 2 This resource consent only authorises the activity described above. Any matters or activities not referred to in this consent or covered by the conditions must either: (1) comply with all the criteria of a relevant permitted activity rule in the Tasman Resource Management Plan; (2) be allowed by the Resource Management Act; or (3) be authorised by a separate resource consent. Consent Holder 3 This consent is granted to the abovementioned Consent Holder but Section 134 of the Act states that such land use consents attach to the land and accordingly may be enjoyed by any subsequent owners and occupiers of the land. Therefore, any reference to Consent Holder in the conditions shall mean the current owners and occupiers of the subject land. Any new owners or occupiers should therefore familiarise themselves with the conditions of this consent as there may be conditions that are required to be complied with on an ongoing basis. Development Contributions 4 The Consent Holder is liable to pay a development contribution in accordance with the Development Contributions Policy found in the Long Term Plan (LTP). The amount to be paid will be in accordance with the requirements that are current at the time the relevant development contribution is paid. Council will not issue a Code Compliance Certificate until all development contributions have been paid in accordance with Council s Development Contributions Policy under the Local Government Act Monitoring 5 Monitoring of this resource consent will be undertaken by the Council as provided for by Section 35 of the Act and a one-off fee has already been charged for this monitoring. Should the monitoring costs exceed this fee, the Council reserves the right to recover these additional costs from the Consent Holder. Costs can be minimised by consistently complying with conditions, thereby reducing the necessity and/or frequency of Council staff visits. Archaeological 6 Council draws your attention to the provisions of the Historic Places Act In the event of discovering an archaeological find during the earthworks (e.g., shell, midden, hangi or ovens, garden soils, pit depressions, occupation evidence, burials, taonga, etc.) you are required under the Historic Places Act, 1993 to cease the works immediately until, or unless, authority is obtained from the New Zealand Historic Places Trust under section 14 of the Historic Places Act

20 Interests Registered on Property Title 7 The Consent Holder should note that this resource consent does not override any registered interest on the property title. Height 8 For the avoidance of doubt, height is defined in The Tasman Resource Management Plan as follows: Height in relation to a building, means the vertical distance between ground level at any point and the highest part of the building immediately above that point. For the purpose of calculating height, account is taken of parapets, but not of: radio and television aerials, provided that the maximum height normally permitted by the rules for the zone is not exceeded by more than 2.5 metres; and chimneys (not exceeding 1.1 metres in any direction); or finials, provided that the maximum height normally permitted by the rules for the zone is not exceeded by more than 1.5 metres. Fire Fighting Standards 9 The Consent Holder shall meet the requirements of managing fire risk and storage of water for firefighting, in accordance with the NZ Fire Service Firefighting Water Supplies Code of Practice (SNZ PAS 4509:2008). The NZ Fire Service Commission considers the optimal means of compliance with the NZFS Code is the installation of a domestic sprinkler system in accordance with Fire Sprinkler Systems for Houses NZS 4517:

21 Land Use Consent RM To undertake earthworks associated with the establishment of the subdivision authorised under Subdivision Consent RM Discharge Permit RM To discharge potentially contaminated stormwater onto land, in circumstances where it may enter water, from the subdivision during the construction phase. 1 The following shall apply in respect of any condition which requires the Consent Holder to provide the Council with a plan or similar document for certification : (d) the Consent Holder shall provide the plan to the Council in accordance with the timeframe specified in the applicable condition; the Consent Holder may commence the activities for which the plan relates in accordance with the submitted plan, unless the Council advises the Consent Holder in writing within 20 working days of receipt of the plan, that it refuses to certify it on the grounds that it fails to meet the requirements of the condition which requires such a plan to be provided and the Council provides reasons why that view is held; should the Council (acting reasonably) refuse to certify the plan, the Consent Holder shall submit a revised plan to the Council for certification. Clause shall apply for any resubmitted plan; once certified the plan may be varied by the Consent Holder. The certification process for any variation to the plan shall follow the process outlined in to above. The activities subject to the variation shall not commence until the variation has been certified by the Council. 2 A copy of the Council certified versions of all the plans required by these consents shall be kept on-site at all times and the Consent Holder shall ensure all personnel are made aware of each plan s contents where the plan relates to activities that those personnel are responsible for. Staging and timing of works 3 The earthworks shall be carried out in the stages shown in the staging plan, set out in Condition (3) of Land Use Consent RM All bulk earthworks required for road formation, walk/cycle linkages, recontouring and building platform formation for each stage shall be completed within one year of commencement of works for that stage. Any earthworks associated with the installation of services shall be excluded from this time limit. Supervision and Notification 5 The Consent Holder shall appoint a representative(s) prior to the exercise of this resource consent, who shall be the Council s principal contact person(s) in regard to matters relating to these resource consents. 43

22 6 The works shall be overseen by a suitably qualified and experienced Chartered Professional Engineer or Registered Professional Surveyor (referred subsequently as the Overseer ). 7 The Consent Holder or appointed representative shall give written notice to the Council s Co-ordinator Compliance Monitoring (the Co-ordinator ) for monitoring purposes for each of the stages in Condition (3) at each of the following stages: at least three working days prior to commencement of works onsite; upon placement of all sediment control measures; and at least 24 hours prior to decommissioning of the sediment control measures. 8 As part of the written notice required for Condition (7), the Consent Holder shall inform the Council s Co-ordinator Compliance Monitoring the name and contact details, within the works period, of the following persons: the Consent Holder s representative required under Condition (5); the Overseer required under Condition (6) (if not the Consent Holder Representative); and the Earthworks Contractor (if not the Consent Holder s representative). Should any person(s) change during the term of these resource consents, the Consent Holder shall immediately inform the Co-ordinator and shall also give written notice to the Co-ordinator of the new person s name and how they can be contacted as soon as practicable. 9 Copies of this resource consent shall be available to contractors undertaking the works, and shall be produced without unreasonable delay upon request from a servant or agent of the Council. Construction Management Plan 10 For each stage of the development the Consent Holder shall prepare a Construction Management Plan. The Plan shall be submitted to the Council s Co-ordinator Compliance Monitoring, at least 20 working days prior to the intended commencement date of activities authorised by the consent, for certification. The Plan shall be consistent with the conditions of these consents and shall incorporate the following: The details of names and contact details as required by Condition (8) of this consent; Procedures relating to complaints, so as to give effect to Condition (36) of this consent; and A Dust, Erosion and Sediment Control Plan (DESCP) which shall include, as a minimum: (i) details of all principles, procedures and practices that will be implemented for erosion, sediment and dust control to minimise the potential for sediment discharge from the site; (ii) the design criteria and dimensions of typical erosion and sediment control structures; 44