6.2.3 Development Contributions

See Development Contributions, Section 7.

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

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

6.2.4 Esplanades

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

6.2.5 Protection and Preservation of Existing Drainage Channels

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

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

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

6.2.6 Earthworks

See Performance Standards, Section 5.

6.2.7 Natural Hazards

See Natural Hazards, Section 11.

6.2.8 Conservation

See Performance Standards, Section 5.

6.2.9 Vesting of Beds of Rivers

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

Explanation

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

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

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

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

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