IN THIS SECTION ID-1 Infrastructure Development Processes
INFRASTRUCTURE DEVELOPMENT PROCESSES TABLE OF CONTENTS ID-1.1 General... 1 ID-1.2 Development Phases... 1 ID-1.3 Pre-Development Consultation/Coordination... 1 ID-1.4 The Resource Consent... 2 ID-1.5 Infrastructure Development Process... 2 ID-1.6 Development Works Approval... 3 ID-1.7 Incorrect Information Provided and/or Additional Information Required... 4 ID-1.8 Approved Infrastructure Development Information... 4 ID-1.9 Approval of Contractor... 4 ID-1.10 Development Construction... 4 ID-1.11 As-Built Information... 6 ID-1.12 Application for Final Sign Off... 6 ID-1.13 Bonds... 6 ID-1.14 Defects Liability Period... 8 ID-1.15 Defects... 8 ID-1.16 Damage... 9
ID-1.1 General This section outlines the infrastructural development processes from pre-development consultation and co-ordination through to acceptance of the infrastructure by Council. For capital works projects that do not require a Resource Consent not all ID-1.2 Development Phases apply. The Engineer shall ensure that the infrastructure to be constructed meets the requirements of the project, takes the associated upstream catchment area into account and creates no negative effect to the existing infrastructure network. ID-1.2 Development Phases The phases of a development are as follows: a) Pre-development consultation and co-ordination. b) Assessment, determination and granting of a Resource Consent. c) Assessment and granting of Development Works Approvals. d) Approval of Contractor. e) Development works construction monitoring. f) Quality testing and observation during construction. g) Survey Plan approvals (s223). h) Receipt of Quality Assurance Record. i) Final sign off (s224). j) Defects Liability Period. ID-1.3 Pre-Development Consultation/Coordination A pre-development consultation protocol is currently being developed by Council s Planning and Policy teams. Council cannot stress how beneficial a pre-development consultation can be for larger scale or complex developments. The consultation/co-ordination involves an applicant discussing, in an informal setting, the proposed development and every aspect of that development with relevant Council staff being present. This means that before costly design and Assessment of Environmental Effects (AEE) work begins, an applicant and the Consent Holder s RepresentativeConsent Holder's Representative are able to canvas all policy, planning and asset development type issues that may affect a development and plan for any issues that arise from the consultation. Another benefit of the consultation is that Council is aware of the proposed development before an application for Resource Consent is lodged and is in a better position to assess the application in a more timely manner and without the Resource Consent process raising surprises for the applicant. Updated 01/07/2014 Page 1
ID-1.4 The Resource Consent All subdivision developments require a Resource Consent and Certificate of Compliance from Council as provided for in the Resource Management Act 1991. The general information required for a subdivision Resource Consent application is set out in: a) Schedule 4 Resource Management Act 1991. b) Information Requirements of the Tauranga City Operative District Plan. c) Infrastructure and Services of the Proposed City Plan. d) QA-1 Information Requirements. e) QA-2 Development Evaluation Reports. ID-1.5 Infrastructure Development Process Council utilises two similar infrastructure development processes when accepting assets to vest or allowing private infrastructure to be connected to its infrastructural network. The processes are similar but recognise the differences between assets developed via infill/small multi unit type development as opposed to more comprehensive infrastructure development related to larger scale activities and subdivisions. They have been compiled in a manner that guides the relevant user through the various steps required prior to accepting ownership of a vested asset or allowing privately owned assets to be connected to its infrastructure networks. Utilising one of the following processes in tandem with the other requirements of the IDC, will ensure that Tauranga City receives quality constructed vested assets or has privately owned assets connected to its networks that do not negatively impact those networks. The processes are as follows: a) Asset Development Type 1 Process Infill Subdivisions and Unit Title Developments 2 or 3 independent dwelling units. b) Asset Development Type 2 Process Subdivisions and Unit Title Developments or Large Scale Land Use Developments - 4 or more independent dwelling units. ID-1.5.1 Who is Involved in the Infrastructure Development Process? The Council has a relationship with the Applicant, Consent Holder and Consent Holder's Representative. When a Resource Consent is granted, although it is issued to the Applicant, the Resource Consent resides with the parcel(s) of land for the activity that the Resource Consent relates to. The owner or subsequent owner of that land is known as the Consent Holder and is responsible for any responsibilities contained within the Resource Consent. Page 2 Updated 01/07/2014
The above entities are involved in various ways and at various stages during a development from the time of concept of the development through to the construction, final sign off and acceptance of any completed works. In the process of construction of the development works, Council does not have a formal relationship with the Contractor. Council s primary relationship during the exercising of a Resource Consent and construction of the development works is with the Consent Holder's Representative. ID-1.6 Development Works Approval In addition to any City Plan requirements, all subdivision or multi unit development applications shall apply for Development Works Approval. No development works shall commence on any subdivision or development until all approvals and acceptances (Resource Consent, Development Works Approval or other) have been obtained from the Council and in accordance with the relevant statute. In general the Resource Consent conditions will reflect the need for a particular development to submit plans to Council for approval. However, where a Resource Consent does not contain a condition of Resource Consent requiring Development Works Approval, the Consent Holder's Representative shall confirm with Council, prior to commencing works, whether a Development Works Approval is required. Some 4 10 Lot subdivisions or unit title developments may have their Development Works Approval assessed during the Resource Consent application as for Type 1 developments. This will only occur where a smaller level of asset development is occurring, i.e. minimal reticulation requirements etc. Council will not commence review of the infrastructure development plans until all deposit fees have been receipted. Development Works Approval fees are advertised in Council s Fees and Charges Schedule. The application for Development Works Approval is compiled by the Consent Holder's Representative and is undertaken in accordance with the basis of design and relevant standards. ID-1.6.1 Type 1 Requirements The application for Development Works Approval process shall be appended to the application for Resource Consent. The Development Works Approval will be undertaken as part of the assessment and granting of the Resource Consent for the application. Refer to QA-3 Development Works Approval for information requirements. Updated 01/07/2014 Page 3
ID-1.6.2 Type 2 Requirements All Type 2 subdivisions or developments must apply for Development Works Approval. Refer to QA-3 Development Works Approval for information requirements. ID-1.7 Incorrect Information Provided and/or Additional Information Required Refer to PD-3 Development Works Approval Process and PD-4 Procedure to Amend Development Works Approval Information QA-3 Development Works Approval for information on this topic. ID-1.8 Approved Infrastructure Development Information Refer to QA-3.9 Approved Infrastructure Development Plans for information on Approved Infrastructure Development Plans. ID-1.8.1 Amendments to the Approved Development Information Approval Refer to QA-3.10 Amending Approved Infrastructure Development Plans and PD-4 Procedure to Amend Development Works Approval Information for a diagram of this process. ID-1.9 Approval of Contractor The Consent Holder/Consent Holder's Representative shall appoint a Contractor to construct the development works in accordance with the Resource Consent, the Development Works Approval and the requirements of the IDC. The Contractor will appoint a Contractor's Representative to undertake the responsibilities required of that role. Refer to QA-3.15 Approval of Contractor for this phase of the development works. ID-1.10 Development Construction a) Capital Works Shall commence in accordance with the conditions of contract. Work shall not commence unless all relevant resource or building consents for the works have been granted. b) Development Works Prior to commencement of the development works the Consent Holder shall ensure that all resource and building consents and Development Works Approval for the works have been granted. No works shall commence prior to receipt of all consents. Page 4 Updated 01/07/2014
c) Traffic Management Plan A construction traffic management plan shall be prepared and presented to Council for approval prior to commencement of works within the Road Zone. All traffic management shall be in accordance with the New Zealand Transport Agency Code of Practice for Temporary Traffic Management. The requirements of DS-11 Road Zone Occupancy shall also be followed where applicable. ID-1.10.1 Development Inspections and Testing During Construction All development works require formal inspection and/or testing. The formal testing and inspection shall be undertaken as required by IT-1 Inspection and Testing Requirements. Council will not accept any application for s224 until all formal inspections and testing has been completed and has been accepted by the Development Engineer. ID-1.10.2 Completion a) Capital Works Certified As-Built information, manuals, producer statements and certification documentation shall be prepared and supplied by the Engineer. Certification shall be provided in the manner outlined in the Contract Documents. b) Development Works The development works shall be constructed in accordance with all Resource Consent and Development Plan Approval conditions, the approved plans and any approved amendments. Buildings shall not connect to any existing infrastructure network until the Final Completion Inspection has been approved by Council and/or s224 certificate has been issued and the services or roads vested in Council. The following shall be complete prior to the occupation of any habitable dwellings within a development: i) Stormwater. ii) Wastewater. iii) Water Supply. iv) Electricity reticulation. v) Roading access. vi) All connections have been inspected, tested and certified as meeting the standards of the IDC prior to connection of services to the existing infrastructure. Updated 01/07/2014 Page 5
c) Development works are deemed complete when: i) All underground assets have been fully constructed. ii) All above ground roading or streetscape assets are deemed substantially complete. This means only minor works remain to be completed. These include: a) Streetscape and Reserve elements that Council has agreed to enter into a bond agreement with the Consent Holder. b) Any minor defects in above ground assets as agreed with Council at the time of the Final Inspection. iii) The development completion inspection has been completed. ID-1.11 As-Built Information Refer to QA-5 As-Built Information. For all subdivisions As-Builts will be submitted for approval prior to application for s224. ID-1.12 Application for Final Sign Off The Consent Holder's Representative shall arrange for and attend a s224 lodgement meeting. Each application for s224 shall meet the requirements of QA-1 Information Requirements. ID-1.13 Bonds Where Council has agreed to enter into a bond agreement with the Consent Holder for incomplete development works or streetscape/reserves maintenance, then the person named on the bond document becomes the Bond Holder and assumes the responsibilities for completion of the bonded works. ID-1.13.1 Bond Value The minimum value of any bond is $5000 (excluding GST). Incomplete Works Bond where the value of the bonded works exceeds the minimum bond amount it shall be calculated as follows: a) The value of the incomplete works shall be agreed between Council and the Consent Holder's Representative. b) The agreed value of the incomplete works shall be escalated by 25% to allow for a contingency amount to arrange completion of the incomplete development works where a bond is in default. This includes enacting the bond, design related to the works, construction cost index fluctuations and a component for risk (Sub-total 1). Page 6 Updated 01/07/2014
c) Add an allowance for GST to the escalated value (Total Value of Incomplete Works Bond). Example: Agreed Value of Incomplete Works $6200.00 Plus 25% Escalation for Period of Bond $1550.00 Sub-Total 1 $7750.00 Plus an allowance for GST (15%) $1162.50 Total Value of Incomplete Works Bond $8912.50 Maintenance (Defects Liability) Bond: Where the value of the bonded works exceeds the minimum bond amount it shall be calculated as per B2 - Streetscape / Reserves Bond Calculation. All costs associated with the provision of a bond will be the responsibility of the Consent Holder's Representative. ID-1.13.2 Bond Period and Extension The bond period for incomplete works is 6 months from the date of issue of the bond. The bond period for maintenance (defects liability) works is usually 18 months from the date of issue of the bond. If work is not completed within the bond period, the Consent Holder's Representative may apply for an extension. Only one extension for time will be considered. The application for extension must be in writing and outline the reasons why the bond needs to be extended. Where an extension is granted the extension will be for three months and will incur an additional escalation fee of 12.5% of the bond value and an additional bond processing fee. ID-1.13.3 Non Performance Once the bond period has expired, including any extensions of time, Council will give the Bond Holder and/or the Consent Holder s RepresentativeConsent Holder's Representative written notification that the bonded works must be completed within 20 working days. If after the period of 20 working days the works are still outstanding then Council will arrange for the work to be completed at the Bond Holder s expense. Funds for the work, including administration, will be charged against the Bond Value. Where after completion of the bonded works some of the Bond Value remains then this value will be refunded to the Bond Holder. Updated 01/07/2014 Page 7
If the Bond Value is insufficient to cover the bonded works Council will seek reimbursement of the outstanding amount from the Bond Holder. This may include legal action, debt collection or placement of a charge over a property. ID-1.13.4 Release of Bond All requests for release of the bond monies must be for the full value of the bond and the request made after the completion of the bonded works. Prior to requesting the release of the bond monies the Consent Holder's Representative shall have inspected the completed works to satisfy themselves that the works are complete in accordance with the IDC and the bond monies can be released. The Consent Holder's Representative shall then certify in writing that the outstanding works have been completed to the standard required by the IDC for the bonded items of work outlined in the bond document. Council may inspect the works prior to releasing the bond. A fee will charged for the inspection as set out in Council s Schedule of Fees and Charges and will be deducted from the refunded monies. ID-1.14 Defects Liability Period The defects liability period for the development works is 12 months from the date of issue of the s224 certificate. Where a bond has been agreed with Council with respect to incomplete development works, then the defects liability period shall commence from the date of release of the incomplete Works Bond. Where a defect appears during the defects liability period then the Consent Holder shall make good the defect to the standards required by the IDC. Upon completion of the repair the defects liability period shall re-commence for those assets that required repair. ID-1.15 Defects The Consent Holder shall replace or repair any defects or non-functioning asset before the end of the defects liability period. The Consent Holder shall undertake the remedial work immediately unless otherwise agreed with Council. Where the Consent Holder does not remedy any defects in a reasonable time then Council will undertake repair of the defect and will recover the costs from the Consent Holder. When development works have been connected to Council s existing systems, the maintenance and operation become physically the responsibility of the Council although the Consent Holder remains responsible for the repair of any defects within the development works for the defects liability period. Page 8 Updated 01/07/2014
The Consent Holder is not liable for fair wear and tear during the defects liability period. ID-1.16 Damage Damage caused to existing Council infrastructure during the course of construction of the development works shall be the liability of the Consent Holder and shall be repaired immediately on the instruction of Council. If remedial work is not commenced within two working days after instruction from Council, then Council may carry out the repair works at the Consent Holder s expense. This includes the removal of mud and/or debris from existing roads, which may be required to ensure public safety or safeguard existing infrastructure from damage or negative effect from sedimentation. Updated 01/07/2014 Page 9