MCE - Stage1 Covenants

Individual ownership includes comprehensive controls and restrictions, mainly by way of consent notice on titles, which are intended to ensure that the developer’s vision for the subdivision is achieved. For all lots (Stage 1A and Stage 1B) these include:

No more than one dwelling per lot with any associated separate garage and/or shed not exceeding 75 square metres and no accessory building to be used for habitation.
Dwellings must be of 125 square metres of habitable room or more, exclusive of decks, porches, garages and carports and no pre-used transportable homes can be placed on the lots.
No further subdivision other than for minor boundary adjustments.
Designated house sites apply to all blocks (being areas shown A, B, C & D on DP 363632 for Lots 1, 2, 3 & 14 respectively and those locations indicated by a cross on drawing S2003/2 for Lots 4 – 13).
Buildings must be of no more than two conventional storeys in height (or a maximum of 8.0 metres above the existing building platform as prepared by the developer) and blend into the profile of the surrounding bush and other natural topography. For clarity this applies to the upper platform levels on Lots 1 & 2 DP 363632, being 28.00 metres and 27.50 metres in terms of Moturiki Datum respectively (as shown on drawing S2003/BP1&2) so that a third (basement) level is possible on these two sites.
The exterior of buildings must be constructed from:
natural timber or natural stone, or
other material painted or finished in visually muted recessive colours generally in accordance with the following BS 5252 colour codes -
Walls: B17 to B25
Roofs: A11 to A14, B25 to B29 and C40, or
? a combination of the above approved by the Whakatane District Council.
Recommendations contained in the report by Tonkin & Taylor Ltd titled "Geotechnical Assessment, 52 Manawahe Road, Matata. Suitability for Subdivision - Stage 1" dated May 2004 and subsequent recommendations by Terrane Consultants Limited relating to the existing as-built building platforms on all lots.
The primary source for drinking water is required to be roof collection where each lot must provide storage for a minimum 20,000 litres of water with water tanks to be either located underground or screened.
A secondary source of drinking water will be supplied by the developer to all lots from natural spring sources within the property. Water tanks will require to be regulated by valves so that only the first 10,000 litres can be supplied by the secondary source and roof water only is used to fill the tank above that level.
Provision to be made for appropriate couplings to water tanks for connection to fire fighting equipment.
The minimum system for effluent treatment and disposal will be by septic tank with low pressure dosing (LPED). However effluent treatment and disposal for Lots 1, 2, 3, 6, 7, 8, 9 & 14 must use an advanced (packaged) treatment plant that treats wastewater and discharges it in the form of irrigation water over designated areas (in accordance with recommendation by Terrane Consultants Limited).
No livestock farming and no pets, including dogs, cats, rats, mice, ferrets, stoats or other exotic animal are permitted except that an owner who at the time of purchase already has a dog or dogs and the sale and purchase agreement with the vendor specifically allows it, then that dog(s) can be brought onto the property to live with the owner and the owner’s family for the remainder of that dog(s) life. The owner shall ensure that the dog(s) is prevented from roaming beyond the boundaries of the owner’s property and that the dog(s) does not enter those covenant areas protected by deer fencing. The owner shall not be entitled to bring a replacement dog(s) onto the land.
Vegetation protection areas affect all lots (those for Stage 1A being defined on DP 363632) and covenants, mainly by way of consent notice, will impose restrictions within these areas including maintenance of existing fences where these define covenant limits.
Notwithstanding restrictions imposed by covenants it is intended that any vegetation within 20 metres of a dwelling can be removed at the lot owners discretion. However if the vegetation is within a covenanted area then the foundations for the dwelling must first be in place.
No non-native plants shall be introduced in any way onto a Lot except that residents may plant on that part of their Lot which is not subject to protection covenant, native plants (including those that do not occur naturally in the Otanewainuku Ecological District) exotic flowers, vegetables, herb and fruit trees, providing the species are not capable of hybridizing with naturally occurring native plants or capable of spreading into the surrounding forest. All species that appear in the pamphlet and updates published by Environment BOP titled “Plant Pests of the Bay of Plenty” are prohibited from being planted anywhere on a Lot.
Indigenous plantings within areas subject to vegetation protection covenant are strongly encouraged but must be limited to species that occur naturally in the Otanewainuku Ecological District and any plant material must be locally sourced (Bay of Plenty).
Domestic hot water heating must be by a solar powered system with receiving panels of not less than 2.0 square metres. Electricity for heating hot water cylinders can be used only as a standby auxiliary source.
Electricity has been reticulated underground to the vicinity of each building site and is available for normal connection. However lot owners are encouraged to utilise alternative sources of electrical power either for main or auxiliary supply (eg solar & wind).
Data cables will be reticulated to all lots, except Lots 1 & 2, to enable monitoring of electrical useage. Accordingly Lots 3 – 14 will be required to install an appropriate sensor on the electricity supply to their dwelling.
Telecommunications and computer media has been reticulated underground to the vicinity of each building site for individual connection as determined by the supply authority.
Post and rail fencing has been erected along road boundaries and deer fencing along limits of the main vegetation protection areas. It is the responsibility of individual lot owners to maintain these and no additional fencing is permitted. It is intended that appropriate planting be established by individual owners in accordance with 11 & 12 above to provide screening or for landscaping.
No commercial use of any Lot or building is permitted except that computers and other electrical communications devices are not meant to be included in this restriction. Home offices that do not attract regular visitors, home stays catering for a maximum of five persons and part time home occupations which do not include retail activity, are also not included in this restriction.