18. Coastal Settlement Zone
18.1 Zone Introduction
18.1.1 The Coastal Settlement Zone contains the pockets of residential settlement that are located along the coastal fringe. The settlements included in the Coastal Settlement Zone are Kutarere, residential areas around the Ohiwa Harbour, residential enclaves along the Waiotahi coastal fringe, Paerata Ridge and Appleton Road, residential areas of Tirohanga and Omaio, Te Kaha, Whanarua Bay, Waihau Bay and Oruaiti. The amenity values that comprise the Zone are a mixture of residential and coastal amenity values.
18.1.2 Those settlements that exist within the Coastal Settlement Zone have arisen because people want to live in the coastal environment. Although the coastal areas of the district have not yet experienced strong residential development pressures it is likely that the demand for residential activity in coastal areas will increase. It is possible that this potential growth in residential activity may occur within the life of this Plan. The coast and residential proximity to the coast, enable people to experience its natural character. It is this natural character that requires protection and preservation from inappropriate subdivision, use, and development.The effects of activities undertaken within coastal settlement areas must be managed so that the quality coastal environment is not compromised.
18.1.3 The majority of settlements within the Coastal Settlement Zone are small concentrations of residential activity, with the exception being Te Kaha a more established coastal township. The Zone boundary encompasses what residential activity presently exists and also incorporates an allowance made in some of the settlements for potential residential expansion. The areas for residential expansion include parts of Paerata Ridge, Appleton Road, Te Kaha, and Waihau Bay.
18.1.4 As with the Coastal Zone, the Coastal Settlement Zone is susceptible to natural hazards. The hazards that have the potential to occur in the coastal settlement areas of the district include coastal erosion - landslides and rockfalls, coastal inundation including storm surge, sea level rise and tsunami. As a result of increased residential activities the effects of natural hazards in these Zones are heightened. The Plan facilitates management of activities within the Zone so that the potential adverse effects of natural hazards are not increased.
18.1.5 It is important to manage the effects of activities within the coastal settlement areas of the district so that the natural and physical resources of the surrounding coastal and rural environments are not depreciated.
18.1.6 Resited dwellings are a concern in residential zones. Often they are viewed as having adverse effects on the surrounding character of an area. Resited dwellings also have positive effects as there are positive effects from the removal and relocation of some residential dwellings.
18.1.7 Some non-residential activities occur in these settlements. These provide local employment and services. Non-residential activities are appropriate within these settlements when the adverse effects are similar to, or less than, those created by the residential activities.
18.1.8 Characteristics that contribute to the character of the Zone include:
18.2 Resource Management Strategy
18.2.1 Resource management issues
1. Sporadic subdivision and development pressure can adversely affect the natural character of the coast, particularly where there is fragmented ad hoc development of an area.
2. The natural character of the coast line is adversely affected by activities which destroy or modify habitats and vegetation, natural features, landscapes, and drainage of coastal wetlands.
3. There is a need for careful management of those indigenous vegetation areas and indigenous fauna habitats within the Zone.
4. The location of structures within the Coastal Settlement Zone can detract from outstanding natural features and landscapes, especially where these are coastal margins and coastal ridgelines.
5. The characteristics of residential properties need to be maintained so that the residential nature of the site and adjoining sites is maintained. These include managing effects such as height of buildings, storage areas, parking, loading, signage, noise, glare, and separation distances.
6. Coastal areas are of importance to tangata whenua for spiritual, historical, or cultural purposes, and these need to be provided for.
7. Activities associated with the subdivision and development have the potential to adversely affect important habitats and vegetation through modification, drainage, disruption, and destruction of the vegetation or components of the coastal habitats.
8. In some areas of the Coastal Settlement Zone public access to and along the coastal foreshore is limited.
9. Within the coastal environment there are many historical and archaeological areas of importance, which are susceptible to destruction or modification as a result of earthwork activities.
10. Sites within the Zone need to be of sufficient size, so that where on-site effluent treatment is required there will be no adverse effects on the site, adjoining sites, and particularly on the coastal environment.
11. There are areas within the Coastal Settlement Zone that area susceptible to natural hazards, particularly flooding and erosion associated with coastal processes. The location of activities can increase the effects of natural hazards.
12. In some areas adjoining the coast it is difficult to obtain a water supply that is suitable for human consumption.
18.2.2 Objectives and policies
Objective 1. The planned and cohesive development of coastal settlement areas that avoid inappropriate subdivision, use and development, within the district where these complement the coast and the adjoining landscapes and natural features.
Policies 1.1 Consolidation of existing coastal settlement areas to avoid inappropriate and sprawling subdivision, use and development, to prevent sprawling and sporadic coastal settlement within the Coastal Settlement Zone.
1.2 Control of development where adequate water supply is not, nor is likely to be, available.
1.3 Require building setback from MHWS to avoid or mitigate the adverse effects of potential natural hazard risks.
1.4 Management of the effects of activities within the Zone so that they will not detract from the character of adjoining properties or the coast. Where this shall include managing adverse noise, glare, signage, and other on-site effects.
1.5 To ensure that the effects of activities located within the Zone do not adversely affect the safety and efficiency of the State highway network.
Objective 2. The protection and enhancement of the distinctive natural character of the coastal environment in the district for its values and the enjoyment of the community and visitors to the district.
Policies 2.1 To require sites of a sufficient size so that sewage and effluent disposal does not adversely affect adjoining properties or the quality, natural character, and amenity values of the coastal environment.
2.2 Require setback for structures and buildings from the coast to preserve the natural character of the coastal environment wherever possible.
2.3 Continued consultation with the Iwi and hapu of the district to ensure that their interests in the coastal environment are considered when assessing resource consent applications.
2.4 Control the design of non-residential activities located within the Zone so as to retain a residential character, as far as practical, including compatible lighting, noise, landscaping, and screening requirements.
Objective 3. Encouragement of appropriate subdivision, use and development within existing settlements in the coastal environment and avoidance of sporadic and sprawling subdivision and use on the coastal environment to retain and enhance its natural character and conservation values.
Policies 3.1 Require esplanade reserves or esplanade strips to be set aside along the coast and inland water bodies within the Zone at the time of subdivision, or as conditions of resource consent for land use applications. The esplanade areas will be required for conservation purposes, water quality enhancement, habitat protection or for public access; except as otherwise provided for in the Te Ture Whenua Maori Act 1993.
3.2 Require a setback for structures and buildings from riparian areas to enable esplanade reserves, or esplanade strips to be set aside for the future.
3.3 To control the location and design of buildings and structures where they may be located on, or adjoining, an outstanding natural landscape, or where they may adjoin a site of historical worth.
3.4 To provide for the protection of outstanding natural features from inappropriate subdivision, use and development.
3.5 Avoid, and where this is not possible, mitigate or remedy the effects of subdivision, use and development on the coastal environment, water bodies, riparian areas, indigenous vegetation, indigenous habitats, and on areas of historical or cultural value.
3.6 Where avoidance is not practicable to remedy or mitigate the adverse effects of subdivision, use and development by requiring appropriate riparian planting of areas adjoining the coast or water bodies in the coastal environment.
18.2.3 Methods of implementation
The objectives and policies of this section will be implemented by the following methods.
1. Rules
2. Other methods
18.3 Rules
The following rules provide for permitted activities, controlled activities, discretionary activities and non-complying activities within the Coastal Settlement Zone.
18.3.1 Permitted activities
Subject to compliance with the Zone Standards in Section 18.4, the following activities may be established in the Coastal Settlement Zone without a land use consent.
1. Any residential buildings at least 50 m from MHWS and not within an identified coastal hazard area, as follows:
(i) One dwelling per site - two dwellings may be established on any site that is 4ha or more in area.
(ii) Buildings accessory to any permitted activity
(iii) Additions to existing dwellings
2. Marae.
3. Urupa and private cemeteries.
4. Farming.
5. Goat farming is permitted other than in the following four areas (see Maps "Outstanding Natural Features, Landscapes and Ecological Districts"):
i. To the west of the Waioeka and Opata Rivers.
ii. All land in the district between the Motu and Raukokore Rivers.
iii. Enclave west of the northern entrance to the Waioeka Gorge.
iv. Omaukora Stream catchment.
And the Council shall limit its discretion to matters (a) to (c) specified below:
a) The area and location of the activity in relation to (b) and (c) below.
b) Potential effect on the values associated with natural character, indigenous biodiversity, amenity and landscape, including vegetation type and density.
(c) The ability to confine goats upon the site.
( Section 3 Landscapes and Habitats Zone)
Council will review the operation of this rule within five years of this plan becoming operative. This will include an assessment of land use and conservation values in the Waiotahi Valley area.
6. Visitor accommodation up to 4 persons per night.
7. Activities on reserves as provided for in the Reserves Act 1977 or an approved Reserve Management Plan.
8. Maintenance work carried out by Bay of Plenty Regional Council on established drainage and flood control scheme works.
9. Conservation planting and management, weed and pest removal, replanting and rehabilitation of indigenous vegetation.
10. Temporary activities and buildings required for a building or construction project of not more than 12 months duration.
11. Signs, as stated in 18.4.6 SG1.
12. Activities stated in 3.3.1 Section 3 Landscapes and Habitats.
13. Activities stated in 4.3.1 Section 4 Heritage.
14. Activities stated in 6.3.1 Section 6 Surface of Water Activities.
15. Activities stated in 7.3.1 Section 7 Natural Hazards.
16. Activities stated in 8.3.1 Section 8 Hazardous Substances.
17. Activities stated in 9.3.1 Section 9 Network Utilities.
18. Temporary military training exercises
19. Any activity that is not listed in the Plan and which complies with the zone standards shall be deemed a permitted activity and does not require a resource consent.
20. Removal of residential dwellings that comply with the Building Act 2004 requirements, and Council's engineering standards.
21. The relocation of a building or dwelling, where the following criteria are able to be met:
(i) Zone standards of the District Plan.
(ii) The building or dwelling was constructed after 1970.
(iii) Reinstatement works shall be undertaken within six months of the relocation or occupation (whichever is the sooner).
18.3.2 Controlled activities
The following activities may be established after a land use consent has been granted by Council. Activities must comply with the standards stated in 18.4.
1. Any buildings provided for as permitted activities in 18.3.1 that are within 50 m of MHWS but not within an identified coastal hazard area.
2. Buildings and activities accessory to controlled activities.
3. Home occupations.
4. Community and outdoor recreation activities undertaken in buildings and structures, or parts of the building being used for the activity, and where the activity area is less than 100 m² in area.
5. Temporary activities not listed as a permitted activity, provided that where the site access is from a State Highway, the written comments of Transit New Zealand will be required, and will need to be submitted as part of any application lodged.
6. Public conveniences.
7. Papakainga, where the maximum number of sites shall be 50, and where each site is to have an area of 800 m² exclusive of access.
Provided that
Sites may be smaller 800 m² where:
i. Zone Standards 17.4.1 SR1; 17.4.2 YA1, YA2, and YA3; and 17.4.10 OD1, are complied with.
ii. On-site investigations are undertaken by a Chartered Professional Engineer to show that the site complies with the On-site Effluent Treatment Regional Plan.
iii. The investigations undertaken by a Chartered Professional Engineer conclude that a reduction in lot size will not have any adverse effects on the environment.
iv. Where the minimum residential site area shall be 400 m².
8. Signs, as stated in 18.4.5 SG1.
9. Subdivision as stated in 18.5.1.
10. Activities stated in 3.3.2 Section 3 Landscapes and Habitats.
11. Activities stated in 4.3.2 Section 4 Heritage
12. Activities stated in 6.3.2 Section 6 Surface of Water Activities
13. Activities stated in 7.3.2 Section 7 Natural Hazards
14. Activities stated in 8.3.2 Section 8 Hazardous Substances
15. Any non residential activity not specifically provided for in Rules 18.3.1, 18.3.2 or 18.3.3, provided that all standards in 18.4 must be met.
16. Relocation of a building or dwelling that either:
i. Does not comply with the specified time period for reinstatement work as stated in rule 18.3.1.21(iii); or
ii. Does not comply with the age restriction stated in rule 18.3.1.21(ii), provided that the application for consent includes a report from a suitably qualified person, being a qualified architect or structural engineer with adequate experience, which report concludes that the building or dwelling is sanitary and has structural integrity.
Where a subdivision is a controlled activity Council may decline a consent application if the circumstances as set out in Section 106 of the Resource Management Act exist (e.g. material damage to land caused by erosion, slippages and inundation).
The Council has reserved control over the following matters.
18.3.2.1 Design and appearance
The design and appearance of any buildings or structures associated with the activity and how it relates to the amenity values of the surrounding areas, with emphasis on mechanisms used to mitigate any adverse effects of the buildings and structures. This may include the use of screening or materials that would lessen any reflectivity or glare from the buildings.
The visual effect of the activity in relation to its location, site boundaries, and topography.
The size and location of buildings with regard to the activities on the site and the effects on coastal amenity values, and the amenity values of neighbouring properties.
The manner in which the site is to be landscaped and how effectively it will screen the activities or enhance the amenity values of the area, and how the landscaping will maintain the character of the coastal environment.
The location and appearance of signage associated with the activity.
18.3.2.2 Effects on adjoining properties
The size and location of buildings with regard to the activities on the site and the effects on coastal amenity values, and the amenity values on neighbouring properties.
Any measures to be implemented to mitigate the effects from the activity, such as visual effects, odour, noise, and lightspill.
18.3.2.3 Effects on the coastal resource
The degree to which the activity modifies or alters the natural character of the coastal landscape and coastal ecosystems, if at all.
The effects of the activity on public access to the coast, and the opportunities available from the activity for improving public access to and along the coast.
The effect of the design and layout of the activities in relation to land, buildings, coastal features and water bodies which have historical, archaeological and cultural significance to the people of the district, including those which have special value to Maori. Maori values will be determined in consultation with local iwi or hapu.
18.3.2.4 Effects from earthworks on the coastal environment
The effects of any earthworks on the surrounding environment, including any alteration to the contours of the site, siltation and sedimentation effects, and any effects on the stability of the coastal dune system.
18.3.2.5 Vehicle access and manoeuvrability
The design and location of vehicular access, on-site manoeuvrability, and whether vehicles can leave and enter the site safely.
The effect of the activity on the safety and efficiency of the State Highway network.
The need for carparking, service lanes, and loading and unloading activities associated with the activity.
18.3.2.6 Historical, cultural and archaeological resources
The effect of the design and layout of the activities in relation to land, buildings, features and water bodies which have historical and archaeological worth
The effects of the activity on resources of importance to Maori.
The effects of the activity on heritage and conservation values, both on the site and on adjoining sites.
18.3.2.7 Effects on water bodies, indigenous vegetation and habitats
The effects of activities on water bodies in, or adjoining, the site of the activity.
Riparian management mechanisms implemented to mitigate potential adverse effects of the activity on the coast and on water bodies in, or adjacent to, the site.
The potential effects of the activity on coastal areas of indigenous vegetation and habitats of indigenous fauna.
18.3.2.8 Natural hazards
The susceptibility of the site to natural coastal hazards and the measures implemented to mitigate the effects of natural hazards. Including any investigations undertaken by the applicant in relation to natural hazard susceptibility of the site, and the activities undertaken on the site.
The extent to which the activity may accentuate the potential adverse effects of natural hazards.
18.3.2.9 Hazardous substances
The degree of risk of spillage and the potential adverse effects of spillage both on and off the site including the effects posed to the coastal environment.
The type and volume of the hazardous substances to be used or stored on the site.
The spill containment system proposed for the activity.
The proposed drainage system for the activity site.
The degree of risk of spillage and the potential adverse effects of spillage both on and off the site.
The potential effects on the coastal environment from any point or non-point contamination originating from the activity.
The potential effects of the activity and the affect that this may have on the quality of coastal, inland and ground water resources.
Council may impose conditions on a resource consent for a controlled activity only in relation to those matters stated above.
18.3.3 Discretionary activities
The following activities may be established after a land use consent has been granted by Council. Activities must comply with the Zone Standards stated in Section 18.4. The Council may grant or refuse a resource consent for a discretionary activity.
1. Buildings provided for as permitted or controlled activities in 18.3.1 and 18.3.2 above where they are located within an identified coastal hazard area.
2. Buildings and activities accessory to a discretionary activity.
3. Goat farming is discretionary in the following four areas (see Maps "Outstanding Natural Features, Landscapes and Ecological Districts"):
(i) To the west of the Waioeka and Opata Rivers.
(ii) All land in the district between the Motu and Raukokore Rivers.
(iii) Enclave west of the northern entrance to the Waioeka Gorge.
(iv) Omaukora Stream catchment.
(a) The area and location of the activity in relation to (b) and (c) below.
(b) Potential effect on the values associated with natural character, indigenous biodiversity, amenity and landscape, including vegetation type and density.
4. Activities listed as permitted or controlled activities, which do not meet one or more of the Zone standards.
5. Visitor accommodation for more than 4 visitors per night.
6. Community and outdoor recreation activities are undertaken in buildings and structures or part of the building being used for the activity, and where the activity area is over 100 m².
7. Education facilities.
8. Residential care facilities.
9. Wharves, jetties, slipways, and other landing facilities.
10. Public cemeteries.
11. Places of assembly.
12. Refuse recycling facilities and transfer stations
13. Road construction and realignment projects involving more than 200m.
14. Temporary activities, where the access is to a State highway, where the written consent of Transit New Zealand has not been obtained.
15. Signs, as stated in 18.4.6 SG1.
16. Subdivision as stated in 18.5.2.
17. Activities stated in 3.3.3 Section 3 Landscapes and Habitats.
18. Activities stated in 4.3.3 Section 4 Heritage.
19. Activities stated in 6.3.3 Section 6 Surface of Water Activities.
20. Activities stated in 7.3.3 Section 7 Natural Hazards.
21. Activities stated in 8.3.3 Section 8 Hazardous Substances.
22. Activities stated in 9.3.3 Section 9 Network Utilities.
23. Retail activities.
18.3.4 Non-complying activities
Any activity not specifically stated as a permitted activity, controlled activity, or discretionary activity, and which does not comply with the Zone Standards, shall be a non-complying activity and is allowed only if a resource consent is obtained.
18.4 Zone Standards
These Zone Standards apply to all permitted activities, controlled activities and discretionary activities, and will be used as guidelines when assessing applications for non-complying activities.
18.4.1 SITE REQUIREMENTS
SR1 S ite coverage
A maximum of 40% of the site may be covered with buildings.
SR2 Height
The maximum height for all structures within the Zone is 9 m (refer to Section 9 Network Utilities).
SR3 Daylight protection
No part of any building shall penetrate a daylight recession plane of 45º from a height of 2.7 m above finished ground level at any boundary 9 m (refer to Section 9 Network Utilities).
SR4 Minimum site area
The following site areas are exclusive of access.
1. Dwellings: Sewered sites 400 m² per dwelling
Unsewered sites 800 m² per dwelling, subject to 18.5.3.1
2. Other activities 800 m²
18.4.2 YARDS
YA1 Separation from adjoining properties
All buildings shall be located at least 3 m from an adjoining property, except that in relation to dwellings and buildings accessory to dwellings:
1. One yard may be reduced to 1.5 m.
2. Where a garage is incorporated in the dwelling, two yards may be reduced to 1.5 m.
3. Dwellings and accessory buildings may be erected on yards where:
(i) That part of the building which encroaches on the yard does not exceed either 30% of the length of the boundary parallel to the yard or 10 m, whichever is the smaller; and
(ii) Pedestrian access is available to the rear of the dwelling; and
(iii) The written consent of the owners and occupiers of any properties adjoining the affected yard is obtained, except for accessory buildings which are located at least 1.5 m from the boundary.
(iv) Vehicle access is possible for septic tank maintenance.
YA2 Building setback from roads
All buildings shall be set back at least 4.5 m from the road boundary.
YA3 Building setback from water bodies and the coast
No building shall be located closer than 25 m from MHWS or a stream with an average width of at least 3 m. Buildings between 25-50 m from MHWS may require site landscaping to mitigate the visual effects from the seaward side. Where any water body has an average width of less than 3 m a setback of at least 10 m shall be required.
18.4.3 LANDSCAPING
LA1 Screening from storage areas
Any area used for storage shall be screened from a public place, other than service lanes, and from any adjoining residential site.
LA2 Visibility at intersections
To protect sight distances at the intersection of roads, the area within 6m of the intersection of two front boundaries and the projection of those front boundaries (where they do not meet), shall be kept clear of any obstruction over 1 m in height. This restriction shall not apply to power poles or street lights.
18.4.4 NOISE AND GLARE
NG1 Noise
All activities on a site shall be designed and conducted so as to ensure that the following noise limits are not exceeded at point within the boundary of any Coastal Settlement Zone site.
Monday to Friday 7.00 am to 6.00 pm 45 dBA (L10)
Saturday 9.00 am to 6.00 pm 45 dBA (L10)
At all other times 35 dBA (L10)
On any day between 10.00 pm and 7.00 am on the following day 65 dBA (Lmax)
Provided that this rule shall not apply to normal and reasonable domestic activities.
Except where expressly provided elsewhere in this Plan, noise shall be measured in accordance with the provisions of NZS 6801:1991 Measurement of Sound, and assessed in accordance with the provisions of NZS 6802:1991 Assessment of Environmental Sound.
Construction noise in any zone shall not exceed the recommended limits in and shall be measured and assessed in accordance with the provisions of NZS 6803P:1984 The Measurement and Assessment of Noise from Construction, Maintenance and Demolition Work.
NG2 Lighting and glare
All exterior security lighting and floodlighting shall be designed, installed and maintained so that light emitted does not overspill the property boundaries or cause a distraction or glare which could cause a traffic hazard on adjacent roads.
18.4.5 PARKING AND ACCESS
PA1 Parking and loading
On site carparking and provision for loading shall be provided in relation to every activity whether new, reconstructed, extended or where the use is changed, as follows:
1. On-site carparking shall be provided as follows:
Residential dwellings
1 space per dwelling in addition to parking provided in a garage or carport
Places of assembly
1 space per 5 persons accommodated
Visitor accommodation
1 to 4 people 1 space per unit
Over 4 people 1 space per unit plus 2 for staff
Education facilities:
2 spaces for visitors plus adequate and reasonable provision for cars and buses to drop off and pick up students and:
Preschool 1space per staff member
Primary 2 spaces per 3 staff members
Secondary 1 space per 20 students
Tertiary 1 space per 20 students
Home occupations
1 space per 20 m² of the site used for the activity
Residential care facility
1 space per 5 beds plus 1 paces per two staff
Community recreation activities
1 space per 20 m² of the net site area
Periodic detention
One space for every 2 full time equivalent employees and one space for every 10 detainees.
Probation centres
Police stations
One space per 50 m² gross floor area.
2. The dimensions and design standards are set out in Appendix 5.
3. Provision shall be made for the loading and unloading of service vehicles on-site, in such a way that no footpath, road, or access to adjoining properties is blocked.
4. Parking for disabled persons shall be provided in compliance with the Disabled Persons Welfare Act 1975 and NZ Standard specification 4121, or any subsequent legislation. In particular, one disabled car parking space shall be provided for each group of 50 car parking spaces up to 200 spaces, in a location as close as practicable to the building.
PA2 Vehicle access
All sites fronting a State highway shall comply with the vehicle access standard in Appendix 6 - Site Entrance Diagrams
18.4.6 SIGNS
SG1 Signs
1. Signs located on the site of the activity meeting the following standards shall be permitted activity in the zone where:
(i) A sign with a maximum area of 0.5 m² indicating a home occupation or visitor accommodation, including name, type of home occupation or profession, and hours of attendance.
(ii) Temporary signs with an area of less than 1.8 m², where the written consent of the landowner has been obtained.
(iii) Official signs, or signs denoting the name of the street, number of the premises or the location or timetable or other details of any public utility or facility.
2. Signs visible from a State Highway are permitted activities where they are:
(i) Official signs.
(ii) Double sided free standing sign for each frontage of the site.
(iii) Attached to buildings on the site, which do not exceed the profile of the building where they meet the requirements of this Plan.
Please refer to Appendix 8 for provisions for controlling advertising signs that are visible from state Highways.
3. Signs meeting the following standards are controlled activities in the Zone, subject to the written consent of Transit New Zealand where the site adjoins a State highway:
(i) A sign not exceeding 1.1 m² in area for any public purposes or in connection with and on the same site as any of the following activities.
(ii) Signs not exceeding 1.1 m² erected in connection with tourist or special information, or denoting places or points of special interest.
(iii) Signs with an aggregate area of 5 m² providing information in relation to an activity for which resource consent has been granted.
4. Signs meeting the following standards are discretionary activities in this Zone.
(i) Signs not meeting the standards specified in 18.4.9(1) or 18.4.9(2).
(ii) Signs that are illuminated and visible from a State Highway.
(iii) Those signs stated as permitted or controlled activities where the approval of Transit New Zealand has not been obtained.
18.4.7 HAZARDOUS SUBSTANCES
HS1 Spillage containment
The site of any activity which uses, stores or produces potentially contaminating hazardous substances shall be designed so that stormwater run-off or accidental spillage is contained and disposed of in accordance with Environment BOP standards.
18.4.8 FLOOR LEVELS
FL1 Floor levels
The minimum floor level for buildings used for residential activities shall be 3.4m above Moturiki datum.
18.4.9 NON-RESIDENTIAL ACTIVITIES
NR1 Location of non-residential activities
Non-residential activities shall be located on front sites.
NR2 Access to non-residential activities:
Access to any site shall be sufficient to allow two-way traffic flow. One point of entry and one exit or one combined entry/exit are required. Vehicle crossings shall meet the standards in Appendix 6.
18.4.10 ON-SITE EFFLUENT DISPOSAL
On-site effluent disposal
Provision shall be made on-site for adequate vehicle access to septic tanks for maintenance purposes.
NOTE: Sites where sewerage is not available will need to comply with the Regional Council's On-site Effluent Treatment Regional Plan where the site will be of a sufficient size to mitigate all adverse effects of on-site effluent disposal within the site.
18.4.11 RETAIL CORE
Not applicable in this Zone.
18.4.12 WATER SUPPLY
WS1 Water supply
A potable water supply shall be provided to each lot within the Zone.
18.4.13 COASTAL HAZARD ASSESSMENT
CH1 Coastal hazard assessment
It should be noted that compliance with the standards in this Plan does not override Council's obligations under the Building Act 2004 when considering applications for building consents in areas where there may be a coastal hazard risk. A coastal hazard assessment may be required in those circumstances.
18.5 Subdivision
The following rules provide for controlled activities and discretionary activities in relation to subdivision within the Coastal Settlement Zone.
18.5.1 Controlled activities
1. Subdivisions which create lots suitable for permitted or controlled activities and which comply with the standards specified in Rule 18.5.3.1, 18.5.3.2 and 18.5.3.5.
2. Subdivisions complying with the boundary adjustment requirements specified in 18.5.3.3.
3. Subdivisions which create lots for public utilities, public works, reserves and open space complying with Rule 18.5.3.4.
The matters over which Council will reserve control are stated in 10.3.2.
18.5.2 Discretionary activities
Subdivisions to create lots which do not comply with the standards specified in Rule 18.5.3.1 and 18.5.3.2.
18.5.3 Subdivision standards
The following are the subdivision standards for the Coastal Settlement Zone.
18.5.3.1 Minimum lot size
The minimum lot size, exclusive of access, shall be:
Sewered area 400 m²
Non-sewered area 800 m²
Non-sewered sites may be smaller than 800 m² where:
i. Zone Standards 18.4.1 SR1, 18.4.2 YA1, 18.4.2 YA2, 18.4.2 YA3, 18.4.10 OD1 can be complied with; and
ii. On-site investigations are undertaken by a Chartered Professional Engineer to show that the site, and the proposed activity on the site, complies with the On-site Effluent Treatment Regional Plan; and
18.5.3.2 Lot dimensions
1. Frontage
The minimum frontage for any lot shall be 4 m.
2. Shape Factor:
Each lot must be capable of containing a 17.5 m diameter circle.
3. Access
The maximum number of lots that may be served by an access strip is 6. Thereafter, a legal road will be required.
Minimum width: 3 m for 1 lot
4 m for 2 lots
6 m for 3-6 lots
18.5.3.3 Boundary adjustment
The subdivision standards for the Zone will not apply to a subdivision for the adjustment or relocation of boundaries provided no new additional new allotments are created, and the subdivision provides for:
i. The adjustment or relocation of boundaries which will leave the allotments with similar areas to that existing prior to subdivision; or
ii. The adjustment or relocation of boundaries is more suitable for activities provided by the Zone, where it does not increase the degree of non-conformity of any existing lot or lots.
18.5.3.4 Lots for public utilities, public works, reserves and public open space
The minimum standards for the Zone shall not apply where lots are created for the following purposes:
Where land is required by a network utility operator.
Where land is required for a public work.
Where land is to be set aside or vested as a reserve.
Where land is to become a reserve vested in the Council.
18.5.3.5 General subdivision requirements
In addition to Rule 18.5 the general rules for all subdivision specified in Section 10 shall be met.
18.6 Other Methods
18.6.1 Other methods for achieving the objectives and policies of this section are:
1. Community and residents street beautification programmes, through the use of landscaping and tree planting.
2. To develop those public open spaces and reserves administered by Council within, and adjoining, the Coastal Settlement Zones of the district to ensure that the parks and reserves complement the Zone.
3. Through Council's strategic planning process to identify areas for community reserves and to purchase land and develop to through Council's Annual Plan process.
4. Through the use of Land Information Memoranda (LIM) and Project Information Memoranda (PIM) to provide information on known hazards to potential developers and applicants.
5. Establishing a register identifying outstanding significant coastal features and habitats, provide for their protection, and identification on planning maps through out the life of this Plan.
6. Council to undertake, as part of the overall state of the environment monitoring programme, an assessment of the Coastal Settlement Zone of the district to ensure that hazards information held on these as is kept up to date.
7. Continued support for established and future community Coast Care and Dune Care programmes, and to liaise with Bay of Plenty Regional Council with respect to these groups.
18.7 Explanation
18.7.1 The reasons for the foregoing objectives, policies and methods are stated below.
18.7.2 Preservation of the natural character of the coastal environment and its protection from inappropriate subdivision, use and development, is required by the Act to be a matter of national importance. In addition to the natural processes affecting the coastline there are pressures for access, recreation and living. There is a large seasonal influx of visitors which increases demands for accommodation, facilities, and services. The Zone provisions are designed to ensure that the existing high quality of the coastal environment is preserved and protected from the effects of inappropriate activities.
18.7.3 The environmental outcomes of the plan seek a pattern of density and development which reflects the character and amenity values of the local environment and enables the provision of choices in living environments. The main purpose of the Coastal Settlement Zone is to provide for a range of activities that complement the coastal location. An appropriate level of amenity includes: generous open space through building setbacks from roads and internal boundaries, low density of buildings, protection of access to daylight and sunlight, low scale of buildings.
18.7.4 The Zone Standards have been developed to avoid potential adverse effects such as unacceptable noise, increasing traffic, obtrusive buildings out of scale with the local area, and lack of adequate separation distances. In addition, new residential areas need to be managed to ensure that there are adequate utility services and recreation facilities. As on-site effluent treatment will generally be necessary, the capacity of the site must not be exceeded.
18.8 Anticipated Environmental Outcomes
18.8.1 Environmental outcomes anticipated from the implementation of the objectives and policies of this section are:
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