D.2 Rural Zone Rules and Standards

D.2: RURAL ZONE RULES AND STANDARDS

D.2 RURAL ZONE RULES AND STANDARDS

D.2.1 Rural Zone Rules

Objective / D.2.1.1 Permitted Activities Policy Reference The following are permitted activities:

(I) One dwelling and one family flat and accessory C.2 Policy 10. buildings on any lot, except the Tourist Activity Precinct, provided they comply with all the permitted activity standards.

(ii) Pastoral and arable farming, production forestry (except C.2 Policy 2. the harvesting of forestry blocks larger than 10 hectares in any 12 month period), outdoor (extensive) pig farming, horticulture, viticulture and orchards provided they comply with all the permitted activity standards.

(Note : Intensive farming is not a permitted activity.)

(iii) Network utilities which existed as at 2 September 1995. C. 16 Policy 1.

(iv) The maintenance, operation, repair and upgrading of C. 16 Policy 2 existing network utilities, regardless of the date of their Amended Change 36 establishment, provided that the character and scale of 15/8102 the visual effects after any upgrading will be the same or less than that existing prior to the upgrading. This rule does not apply to additional lines or supporting structures or increases in the size of existing lines.

(v) New network utilities of requiring authorities and their C. 16 Policy 2. operations and maintenance within roads, except:

(a) Lines for conveying electricity at a voltage above 33kV; (b) Lines for conveying electricity with a design capacity above 100MVA per circuit; (c) Structures over 13 metres in height; (d) High pressure gas lines with a gauge pressure of more than 2,000 Kpa; and (e) Substations and additions to existing sub-stations.

(vi) Telecommunications and meteorological facilities, C. 16 Policy 2. except for masts over 13 metres in height and any antenna extending higher than 3 metres above any existing building.

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(vii) The provision and maintenance of all underground C. 16 Policies I network utilities, including fittings and appurtenances and 2. which are located above ground and are necessary to the operation of the network utilities and comply with the permitted activity standards.

(viii) Roads which exist at the time of notification of this Plan. C. 16 Policy 1.

(ix) The maintenance and repair of any Heritage Features C.8 Objective which are recorded in the Heritage Register, in Part I of 1, Policy 1. C.2 Policies 1(a) this Plan, where such maintenance and/or repairs are in and 1(b). keeping with the Heritage Feature and which are a minor work, as defined in Part Q of this Plan.

(x) Use of school facilities, buildings and associated C.2 Policy 6. grounds and halls for activities or services having social, community, sporting, ceremonial, educational, recreational, worship and spiritual purposes, provided they comply with all the permitted activity standards.

(xi) Farm tracks on private land for permitted farming C.2 Policy 2. activities not within outstanding landscapes shown on the District Wide Zone Maps. ( Note : The Wellington Regional Council may have other requirements in relation to these activities.)

(xii) Use of existing camps and conference facilities, C.2 Policy 4. provided they comply with the Permitted Activity Standards.

(xiii) The relocation of buildings that are up to and including Amended 15 years old or other buildings that have a total floor Change 6 16/05/01 area up to and including 30m2.

(xiv) The removal of buildings off-site, except for buildings Amended listed in the Heritage Register of the District Plan. Change 36 15/8/02 (xv) The disturbance, removal, damage or destruction Addition ("modification") of naturally occurring indigenous Change 36 15/8/02 C.8 vegetation, where such modification is in accordance Policy 2 C. 11 with the Permitted Activity Standards. Policies 1, 2, 4, 6, 10, 11, 12 (xvi) Temporary events and associated structures, where the Addition event is for 6 hours or less in duration, during the hours Change 40 of lam and 10pm, and occurs no more than once in any 27/02/04 three month period. Provided the temporary event complies with the permitted activity standards for `Temporary Events' and the controlled activity standards for `Temporary Events', excluding the controlled activity standard for noise.

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(xvii) Temporary Structures subject to compliance with the Addition Permitted Activity Standards. Change 41 27/02/04 (xviii) Earthworks required to undertake a development for Addition which consent is required under Rule D .2.1.3A(ii) Change 63 26/06/08 providing consent under that rule has been obtained and has not lapsed.

(xix) All activities which are not listed as CONTROLLED, DISCRETIONARY, NON-COMPLYING OR PROHIBITED and which comply with all the permitted activity standards.

(xx) Airport Noise Within the Air Noise Boundary Intensification of an existing noise sensitive activity (i.e. Addition additional bedrooms but no additional household units), Change 73 21/01/10 and up to one household unit on an existing vacant site as at the date of notification of the Plan Change, are permitted activities, provided that the extension or building shall be designed and specified to achieve an insulation rating of DnTw + Ctr>30 dBA for the building envelope. An acoustic certificate shall be provided to the Council by a suitably qualified and experienced acoustic engineer confirming this. Where it is necessary to have windows closed to achieve the acoustic design requirements, an alternative ventilation system shall be provided. Any such ventilation system shall be designed to satisfy the requirements of the Building Code and achieve a level of no more than NC30 in any habitable room. (xxi) Airport Noise Between the Air Noise Boundary and Addition the Outer Control Boundary Change 73 21/01/10 The intensification of an existing noise sensitive activity (i.e. additional bedrooms) is a permitted activity, provided that all new buildings associated with a noise sensitive activity shall be designed and specified to achieve an insulation rating of DnTw + Ctr>30 dBA for the building envelope. An acoustic certificate shall be provided to the Council by a suitably qualified and experienced acoustic engineer confirming this.-Where it is necessary to have windows closed to achieve the acoustic design requirements, an alternative ventilation system shall be provided. Any such ventilation system shall be designed to satisfy the requirements of the Building Code and achieve a level of no more than NC30 in any habitable room. (xxii) Development within Fault Avoidance Zones (refer to the Addition Risk Based Matrix and Building Importance Table in Change 61 Policy 11 of C.15.1): 14/10/10

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(a) Within the Well-Defined and Well Defined Extension zones of Ohariu and Northern Ohariu C. 15 Objective I Policy 11. faults: Structures that are defined as Type 1.

(b) Within the Well-Defined and Well Defined Extension zones for the Gibbs and Otaki Forks faults: Structures that are defined as Type 1 and 2a.

(c) Within the Well-Defined and Well Defined Extension zones for the Southeast Reikorangi Fault: Structures that are defined as Type 1, 2a and 2b.

(d) Within the Distributed and Uncertain- Constrained and Uncertain-Poorly Constrained zones of the Ohariu and Northern Ohariu faults: Structures that are defined as Type 1 and 2a.

(e) Within the Distributed and Uncertain- Constrained and Uncertain-Poorly Constrained zones of the Gibbs, Otaki Forks and Southeast Reikorangi faults : Structures that are defined as Type 1, 2a and 2b.

D.2.1.2 Controlled Activities

The following are controlled activities, provided they comply with the controlled activity standards:

(i) BUILDING RELOCATION C.2 Objective 1. Buildings over 30m2 in total floor area which are more Amended than 15 years old which comply with the permitted Change 6 16/05/01 activity standards D.2.1.1.

The matters over which the Council reserves control are: Upgrading the appearance of the building being the nature and condition of the roofing, cladding, joinery, and enclosure of the subfloor, and the imposition of a performance bond:

(a) Upgrading the appearance of the building shall mean: • Repair and/or replacement of any damaged exterior fabric of the building including where damage has resulted from relocation; • Exterior painting where there is bare cladding or roofing materials, or where repainting or cleaning is necessary due to flaking, peeling

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• Placement of baseboards or other approved systems covering the subfloor of the building; • The repair and/or replacement of spouting and associated visible drainage systems.

(b) A performance bond (bank guaranteed) or cash deposit to the value of 150% of the upgrading works to be carried out on the building, to be paid at least 48 hours prior to the building being relocated onto the site.

Criteria for notification: The resource consent application shall be considered without the need to obtain the written approval of affected persons and need not be publicly notified.

(ii) HARVESTING OF FORESTRY BLOCKS LARGER C.2 Policy 3. THAN 10 HECTARES IN ANY ONE CALENDAR YEAR

Harvesting of forestry blocks larger than 10 hectares in any one calendar year where all the controlled activity standards are complied with.

The matters over which Council reserves control are: • The operational techniques used to log the timber to avoid, remedy or mitigate adverse effects on the environment. • The access to the site and possible upgrading. • The imposition of financial contributions in accordance with Part E of this Plan.

(iii) HOME OCCUPATIONS C.2 Policy 4.

Home occupations where all the controlled activity standards are complied with.

The matters over which Council reserves control are:

• The amenity of the locality is not detrimentally affected by noise, vibration, smell, fumes, smoke, dust, vapour, soot, ash, wastewater, waste products, grit, oil, appearance or any other nuisance.

(iv) INTENSIVE PIG-FARMING C.2 Policy 4. C. 11 Policies 2,5,7,12 Intensive pig farming where all the Controlled Activity Standards for intensive pig farming are complied with.

The matters over which Council reserves control are:

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• The imposition of financial contributions in accordance with Part E of this Plan.

(v) NEW ROADS C. 2 Policies 1(a), 1(b), 2. C. 16 Policies The matters over which Council reserves control are: 2, 4 and 5. C. 18 Policies • The route of the road. 3, 4, 6, 7, 8, 9, • The imposition of financial contributions in 13 and 16. accordance with Part E of this Plan. • The design and construction of the road, including safety, traffic, engineering, landscaping and noise mitigation measures.

(vi) SUBDIVISION C.7.2. C.10. C.11. C.18. (A) Subdivision where all the controlled activity standards for subdivision are complied with.

The matters over which Council reserves control are: • The design and layout of the subdivision Addition including earthworks and the degree of Change 59 20/09/06 compliance with the Kapiti Coast District Council Subdivision and Development Principles and Requirements 2005. • The imposition of financial contributions in accordance with Part E of this Plan. • The imposition of conditions in accordance with section 220 of the Resource Management Act.

(B) Subdivision of second or subsequent dwellings on Addition a rural lot where all the controlled activity standards Change 47 27/02/04 for "Surplus Farm Dwellings" are complied with.

The matters over which Council reserves control are: • The imposition of financial contributions in accordance with Part E of this Plan; • The imposition of conditions in accordance with section 220 of the Resource Management Act; and • Vehicle access points onto legal road including the State Highway Network.

(C) Boundary Adjustments where all controlled activity Addition standards for Boundary Adjustments are complied Change 48 27/02/04 with.

The matters over which Council reserves control are: • Must comply with the definition for boundary adjustments in Part Q of the Plan;

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• Each lot must have legal road frontage; • Natural hazard management, and • Vehicle access points onto legal road including the State Highway Network.

D) Subdivision in the Fault Avoidance Zone, where Addition each lot is capable of providing a 200m2 building Change 61 14/10/10 site, which has a minimum dimension of 12 metres, clear of the identified Fault Avoidance Zone (as shown in the Natural Hazard Maps), where the allotment is not a reserve or access C. 15 Objective I Policies 11, lot. 12.

Building sites do not have to be clear of the Fault Avoidance Zones within the Distributed, Uncertain-Constrained, and Uncertain-Poorly Constrained zones of the Gibbs and Otaki Forks faults. The entire Southeast Reikorangi Fault Zone is excluded from this provision.

The matters over which Council reserves control are: • The location of any building site relative to the Fault Avoidance Zone.

(vii) TEMPORARY EVENTS AND ASSOCIATED Addition STRUCTURES Change 40 27/02/04 Temporary events and associated structures that are longer than 6 hours but no more than three days duration and that occur no more than once in any three month period, where all the controlled activity standards are complied with.

The matters over which Council reserves control are: • Lighting and noise levels; • Structures; • Signage; • Access; • Traffic and parking management; • Post event management; • Risk management; and • Provision of amenities including toilets, rubbish collection and water supply.

Criteria for notification

The resource consent application shall be considered without the need to obtain the written approval of affected persons and need not be publicly notified.

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(viii) TEMPORARY MILITARY TRAINING ACTIVITIES

Temporary military training activities not complying with all the permitted activity standards. C. 2 Objective 1. C.14 Objective 1. The matters over which the Council reserves control are:

• The imposition of conditions for the avoidance, remediation or mitigation of any significant adverse effects.

(Ix) TOURIST ACTIVITY PRECINCT BUILDINGS AND ACTIVITIES

All buildings and activities in the Tourist Activity Precinct, Addition (as defined on the district wide and urban maps,) are Change 57 controlled activities where all controlled activity 20/01/06 standards for the Tourist Activity Precinct are complied with.

The matters over which Council reserves control are:

• Design and external appearance of the building • Development of a concept plan or compliance with the existing concept plan • Site layout, including landscaping • Compliance with Part J - Parking, loading and access requirements • Appearance of activities and outdoor storage from State Highway One • Compliance with Part L- Signs standards

(x) EARTHWORKS IN RESIDUAL OVERFLOW PATHS Addition Change 50 22/3/10 Earthworks within the Residual Overflow Path which do not comply with the Permitted Activity Standards and any new or relocatable building within the Residual Overflow Path.

The Matters over which the Council reserves control are: • The degree to which earthworks or buildings will obstruct or provide pathways for overflow flooding • The design of earthworks • The siting of new or relocatable buildings

CRITERIA FOR NOTIFICATION The resource consent application shall be considered without the need to obtain written approval of affected persons and need not be publicly notified.

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D.2.1.3 Discretionary Activities

(A) The following are Restricted Discretionary Activities:

(i) Temporary events and associated structures where they Addition do not comply with one or more of the controlled activity Change 40 27/02/04 standards for temporary events and provided they comply with the discretionary activity standards for temporary events and associated structures.

(ii) The fee-simple subdivision of land totally confined within Addition the boundaries of the `Peka Peka north rural-residential Change 63 development area' as shown in Appendix One and 26/06/08 associated earthworks, except subdivision that is provided for as a controlled activity (refer appendix one of D.2 for the scope of discretion and note provisions).

Note: For the avoidance of doubt, it is intended that Rule D2.1.3A(ii) takes precedent over Rule D .2.1.3(B)(xii)

For the avoidance of doubt the imposition of financial contributions is not a matter over which the Council has restricted its discretion.

Applications made under this rule need not be notified, the written approval of potentially affected persons will not be necessary and notice of the application need not be served on any person.

Airport Noise Between the Air Noise Boundary and Addition the Outer Control Boundary Change 73 21/01/10 New noise sensitive activities, including new household units, are a discretionary activity (restricted) with discretion restricted to: • The intensity of activity. • Insulation standards. • Adverse effects on the operation and sustainability of Paraparaumu Airport. (iv) SUBDIVISION WITHIN FAULT AVOIDANCE ZONES Addition Subdivision of land identified as being within the Fault Change 61 Avoidance Zone for all of the Ohariu and Northern 14/10/10 Ohariu faults, and within the Well-Defined and Well- Defined Extension zones for the Gibbs and Otaki Forks faults where a 200m2 building site, which has a minimum dimension of 12 metres, is not provided clear of the identified Fault Avoidance Zone and where the C. 15 Objective subdivision would otherwise be a controlled activity. I Policies 11,12,13 Council's discretion will be limited to the following matters:

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• The location of any building site relative to the location and depth of fault traces • The location and design of buildings to mitigate effects from a fault rupture hazard • The level of risk posed by the fault trace rupturing • The manner in which the topography, land features of the site and access to infrastructure affect the ability to locate the building site • In respect to Type 2c buildings; the nature, scale and use of those buildings.

For all other faults, not described above, building sites do not have to be clear of the Fault Avoidance Zone and no geotechnical information will be required.

CRITERIA FOR NOTIFICATION

When assessing a resource consent applications within the Fault Avoidance Zones, the effects associated with matters arising from the Fault Trace rules, shall be considered without the need to obtain the written approval of affected persons and need not be publicly notified.

(v) DEVELOPMENT WITHIN FAULT AVOIDANCE Addition ZONES Change 61 14/10/10 Development within Fault Avoidance Zones where the land use would otherwise be a permitted , controlled or restricted discretionary activity (refer to the Risk Based Matrix and Building Importance Table in Policy 11 of C.15.1):

(a) Structures located within the Well-Defined and C. 15 Objective Well Defined Extension zone of the Ohariu and I Policies 11,12,13. Northern Ohariu faults that are defined as Type 2a and 2b; (b) Structures located within the Well-Defined and Well Defined Extension zone of the Gibbs and Otaki Forks faults that are defined as Type 2b; (c) Structures located within the Distributed & Uncertain-Constrained and Uncertain-Poorly Constrained zones of the Ohariu and Northern Ohariu faults that are defined as Type 2b; (d) Within all Fault Avoidance Zones for all faults: Structures that are defined as Type 2c.

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Council's discretion will be limited to the following matters:

• The location of any building site relative Addition Change 61 to the location and depth of fault traces 14/10/10 • The location and design of buildings to mitigate effects from a fault rupture hazard • The level of risk posed by the fault trace rupturing • The manner in which the topography, land features of the site and access to infrastructure affect the ability to locate the building site • In respect to Type 2c buildings; the nature, scale and use of those buildings

CRITERIA FOR NOTIFICATION

(B) The following are Discretionary Activities:

i. All activities which are not listed as NON COMPLYING or PROHIBITED and all other activities which do not comply with one or more of the permitted activity or controlled activities standards.

ii. Intensive farming where they comply with the C.2 Policy 4. discretionary activity standards. C. 11 Policies 2, 5, 7, 12. iii. The disturbance, removal, damage or destruction C.8 Policy 2. ("modification") of naturally occurring indigenous C.11 Policies 1, 2, 4, 6, 8, vegetation and the modification that is not provided for 10, 11, 12. as a permitted activity. Amended Change 36 iv. The alteration or modification which is not a minor work, 15/8/02 as defined in Part Q of this Plan, and the demolition or C.8 Policy 2. removal of any Heritage Feature recorded in the Heritage Register. In relation to historic buildings, "modification" includes any subdivision of land containing the historic building and its curtilage (except where specified in this Plan to be a non-complying activity or prohibited activity). In relation to wetlands,

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alteration or modification does not include grazing of stock.

v. Extractive activities including the removal of more than Amended 100m3 of topsoil and landfills, provided they comply with Change 2 16/05/01 the discretionary activity standards.

vi. Roadside stall/retail outlets , provided they comply with C.2 Policy 5. the discretionary activity standards

vii. Any network utility which is not a permitted activity. C.16 Policies 2, 4 and 5. viii. Papakainga housing on Kapiti Island. C.2 Policy 4.

ix. The addition or construction of buildings (excluding C.16 Policy 3. accessory buildings) or structures within 20m each sideof the centre-line of high voltage transmission lines designed to operate at or over 110kV.

X. Dwellings within the Tourist Activity Precinct. C.2 Policy 7.

A. Subdivision

Subdivision where all the discretionary activity C.7.2. C.9. standards for subdivision are complied with, except for C.10. C.11. C.18. subdivisions which are provided for as a controlled activity or as a restricted discretionary activity. Amended Change 63 xii New accesses onto State Highway 1. 26/06/08

xiii Major traffic activities, as defined in Part Q of the Plan, C.18 Policy 14. with access onto State Highway 1 or limited access C.2 Policy 5. roads (LAR), unless they are a non-complying or C.18 Policy 14. prohibited activity.

xiv The following activities shall be discretionary activities C.14 Objective within the Ldn 55 contour (refer to Paraparaumu Urban 3. Zone Maps 7, 12, 13, 17 and 18):

• Hospitals • Rest Homes • Educational activities • Papakainga developments • Community Facilities • Restaurants • Convention centres • Motels • Other noise sensitive activities except residential units.

Refer to definition of "Noise Sensitive Activities in Part Q of this Plan.

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xv Service Stations, provided they comply with the Service Station Standards in Part K of this Plan.

xvi Industrial activities Addition Change 27 24/09/01 Note: Council may require financial contributions as a condition of a resource consent in accordance with Part E of this Plan.

xvii All buildings and activities in the Kukutauaki and Addition Kawakahia Eco-Hamlets of the Ngarara Precinct are Change 80 22/3/10 discretionary activities where all discretionary activity standards for the Ngarara Precinct are complied with.

D.2.1.4 Non-Complying Activities

The following are non-complying activities:

(i) All activities which are not PERMITTED, CONTROLLED, DISCRETIONARY or PROHIBITED.

(ii) Offensive trades. C.2 Objective I

Further roadside stalls/retail outlets fronting State C.2 Policy 5 Highway 1 or roads where traffic volumes exceed 10,000 vpd.

(iv) Subdivision of land within or adjacent to Waikanae and C.7.2 Policies Otaki which is suitable for urban development, as shown 7, 8 on Rural Subdivision and Development Maps 1 and 2. Amended (v) Subdivision in the Hill Country or Alluvial Plains, as Change 48 27/02/04 defined on the Rural Subdivision & Development Maps, C. 7.2 Policies which does not comply with one or more of the 1,4,5,7,8,9, controlled activity subdivision standards. 10, 11, 12.

(vi) Signs (excluding approved traffic signs) which are: C. 13 Policies 1, 2 and 3. C. 18 Policy 14. • Within the legal road, except temporary signs that are not a traffic hazard. Amendment Change 64B • Directional signs on motor vehicles, trucks, trailers, 15/10/08 caravans or other devices placed within the road reserve or on property, including parking areas (other than that on which the activity takes place).

• Flashing or moving, or red or green colour forming the background to any traffic signals, or conflict with the colour or shape of traffic control signs.

. Reflectorised and are adjacent to State Highway 1.

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• Real estate flags or advertising device located on carriageways for more than one day (eight hours) in one week.

(vii) Intensive farming , including intensive pigs and poultry, in C.2 Policy 4 the Water Collection Areas - Waitohu, Waikanae and C. 11 Policies 2, 5, 7,12 Smith's Creek, as shown on the Rural Subdivision Maps.

(viii) Places of Assembly. C.2 Policy 9

(ix) Masts and windmills over 13m in height within C.2 Policy 2 outstanding landscapes. C. 10 Policies 1,2,3,4. (x) Commercial activities as defined in Part Q of this Plan C.2 Objective I

(xi) Commercial helicopter operations. C. 14 Objective 1. (xii) The demolition of buildings/structures with a NZ Historic C.8 Objective Places Trust Category II classification. 1.

(xiii) The use of blimps, laser displays or trivision devices C. 13 Policies (holograms) for advertising purposes. 1, 2 and 3. C. 18 Policy 14 (xiv) Second or subsequent dwellings Addition 47 27/02/04 C. 2 Objective 1. Policy 10 Note : Council may require financial contributions as a condition of a resource consent in accordance with Part E of this Plan. Addition (xv) Between the Air Noise Boundary and the Outer Control Boundary, any noise sensitive activity that fails to meet Change 73 the permitted activity insulation standard entitled `Between the Air Noise Boundary and the Outer Control 21/01/10 Boundary'.

(xvi) The location of structure defined as Type 3 and 4 and Addition any Type 1, 2a, 2b, 2c structure associated with a Type Change 61 14/10/10 3 and/or 4 structure or activity within the Fault Avoidance Zones (refer to the Risk Based Matrix and C. 15 Objective Building Importance Table in Policy 11 of C.15.1). I Policies 11, 13

D.2.1.5 Prohibited Activities

(i) The demolition of buildings/structures with a NZ Historic C.8 Objective 1 Places Trust Category I Classification.

(ii) New buildings/or relocated buildings on land within 100 C.9 Policies 1, metres (50 metres on Kapiti Island) of the seaward title 2and3. boundary or the Esplanade Reserve or seaward toe of

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the foredune or vegetation line, where this is within the Esplanade Reserve, or title on new lots created after 1 September 1995.

(iii) Within the Air Noise Boundary: Addition

a. Any noise sensitive activity not achieving the noise Change 73 insulation standards. b. The subdivision of land for the purpose of creating a 21/01/10 vacant site for residential purposes.

Category I Classification (NZ Historic Places Trust) buildings are of national importance regarding New Zealand's Heritage. They represent important or representative aspects of New Zealand history and are an important place for public education of both the district and New Zealand history.

It is essential therefore that these buildings/structures are not demolished under any circumstances.

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