- 1)Requirements. To carry out this procedure, the interested party must submit the following requirements:
a. Five copies of the construction plans duly sealed and stamped by the Federated College of Engineers and Architects (Colegio Federado de Ingenieros y Arquitectos, CFIA), which shall contain what is indicated in Article 9 bis for review by: the INVU Urban Planning Directorate (Dirección de Urbanismo del INVU); the Ministry of Health, through the Regional Health Office closest to where the project is to be developed; the Costa Rican Institute of Aqueducts and Sewers (Instituto Costarricense de Acueductos y Alcantarillados, A y A); and the respective Municipality. The fifth copy shall be for the interested party. Each institution shall review the aspects of its competence in accordance with the provisions of Law No. 8220.
b. A certification from the National Registry of Real Property (Registro Nacional de la Propiedad de Inmuebles) or from a notary public regarding the property on which the project will be developed, so that the INVU Urban Planning Directorate can verify that said property belongs to the applicant. In the event that the property is not registered in the name of the interested party or project owner, the latter may present the original and one copy for comparison, or a copy certified by a notary public of the purchase option, or, where applicable, a letter of authorization from the owner, whose signature must be duly authenticated by a notary public.
c. When a wastewater collector exists, a design of the connection system to the collector, whether gravity or pumping, must be submitted for review by the Costa Rican Institute of Aqueducts and Sewers (AyA).
When such a wastewater collector does not exist, one of the following requirements must be met, as applicable:
i. In the event that the construction of a septic tank and drains is intended (in accordance with the A y A design and construction standards for subdivisions and fraccionamientos, 2003 published), a copy of the soil infiltration tests and the design of the septic tank and the drain length must be submitted for review by the Ministry of Health.
ii. In the event that a treatment plant is to be built, the plans must specify: the location, dimensions, specification of the type of indication of setbacks, for review by the Ministry of Health, through the Regional Health Office closest to where the project is to be developed, and by the Costa Rican Institute of Aqueducts and Sewers.
In accordance with the provisions of Article 38, subsection c) of the Urban Planning Law (Ley de Planificación Urbana), permission for land subdivision (urbanización) will be granted to subdivision projects if the developer commits to financing the works to offer all necessary services, including sewerage (alcantarillado).
In this regard, the procedure shall be as follows:
iii. Interested parties in the development of projects located in areas where investment in sanitary sewer systems is defined and scheduled are obliged to deposit an amount equivalent to the cost of the sanitary sewer network into a Revolving Fund (Fondo Rotatorio) with the character of a specific reserve of the Institution or company providing the sanitary sewer service in the area.
All in accordance with what is indicated in the maps that the Costa Rican Institute of Aqueducts and Sewers (AyA) has available for these purposes. The methodology for establishing the amount equivalent to the cost of the sanitary sewer network, the manner and accounts in which the deposit must be made, as well as the time when this deposit must be made, shall be stipulated by a specific executive decree for such purposes.
iv. Projects located in areas where no maps exist may be exempted from the construction of the sanitary sewer network in accordance with the resolution issued by the AyA Board of Directors. In these locations, where due to hydrogeological conditions there is a possibility of aquifer contamination; in safeguarding the principle of in dubio pro natura, a guarantee shall be required, through the technical studies indicated in subsection c.i) above, that the wastewater disposal system is suitable, proving that there is no risk of contamination to existing aquifers. In the event of being exempted, the resolution of the Board of Directors of the Costa Rican Institute of Aqueducts and Sewers must be attached.
d. A copy of the water runoff condition report from the MINAE Department of Waters, only in the event that the receiving water body does not appear on the IGN map, for verification by the INVU Urban Planning Directorate.
e. Two copies of the soil study for land with slopes greater than 15%, or the terrain stability study for land with slopes greater than 30%, for verification by the INVU Urban Planning Directorate and the Ministry of Health, through the Regional Health Office closest to where the project is to be developed.
f. In addition to the requirements cited in the preceding subsections, the requirements indicated in subsections b), c), e), and from g) to m) of point 1) of Article 10 of this regulation must be submitted.
If the interested party opted for the optional preliminary project (anteproyecto) procedure, they will only need to submit the requirements cited above in subsections a) through e) of this same article.
Procedure:
- a)The INVU Urban Planning Directorate shall act as the receiver of the plans and requirements. At the time of reception, the assigned official shall proceed to verify, using a checklist, that the requirements demanded by this executive decree and the underlying laws are provided at that moment.
b. If it is verified that a required requirement is missing, this shall be indicated at that same moment by means of a checklist delivered to the interested party, simultaneously returning all submitted documents, so that the interested party may proceed to comply with what is indicated in the reception form. The Administration shall only keep a copy of the checklist and may not stamp any document as received until it is duly presented complete. This check shall verify that all documents are being presented and, for those applicable, that they are within their validity period; that is, no analysis of their content shall be undertaken.
c. The Ministry of Health and the Costa Rican Institute of Aqueducts and Sewers (A y A) must collect daily the plans received by the INVU. Each institution shall review the aspects of its competence, in accordance with Law No. 8220, taking into consideration the aspects detailed in the definitions contained in Article 9 bis and what is indicated in the following Article 10 ter.
d. Once the information is received as complete by the INVU Urban Planning Directorate as the receiving office, the Administration has a maximum period of one calendar month to review the documentation and resolve its approval or rejection, a period to be counted from its complete submission.
e. In the event that the three institutions approve the plans, the INVU Urban Planning Directorate shall deliver to the interested party the construction plans of the projects with the official seal attesting to the final approval of the three institutions.
f. If, during the indicated period, the institutions make observations on the plans and the submitted documents, these must be indicated in a single written act and on a single occasion, with the respective technical and legal basis. In this case, the interested party must submit all documents with the indicated corrections or observations, and the corresponding institution must resolve this submission within a maximum period of seven calendar days from the submission of the corrected documents.
g. The interested party has a period of ten business days, counted from the receipt of the document indicating the observations, to submit the documents with all the indicated corrections or observations, or the technical and legal arguments for the reasons why they consider they should not accept the observations.
The foregoing is without prejudice to the possibility of the interested party requesting in writing, with the pertinent technical and legal justifications and prior to the expiration of the ten days, an extension to be submitted at the receiving office of the INVU Urban Planning Directorate. In these cases, the Administration (receiving office) shall automatically grant an additional period of up to forty-five business days.
h. Once the period of ten business days, or where applicable the extension period, granted to the interested party has expired without them complying with the indication made in subsection f), the Administration shall proceed ex officio to archive the proceeding and reject the plan approval (visado) procedure.
If the interest in developing the project persists, the interested party must initiate it as a new procedure.
i. In cases where the interested party considers that the observations on the plans are unfounded, or that the required requirement(s) have been duly provided, they may file before the Administration the corresponding ordinary and extraordinary appeals indicated by Article 342 and subsequent and concordant articles of the General Public Administration Law (Ley General de la Administración Pública).
j. Once the deadlines established in subsections d) or f) have expired without any or all of the institutions having issued a decision, the approval (visado) shall be deemed granted, with positive silence (silencio positivo) taking effect; for which purpose, the provisions of Article 7 of the Law for the Protection of Citizens against the Excess of Requirements and Administrative Procedures, Law No. 8220 (Ley de Protección al ciudadano del exceso de requisitos y trámites administrativos, Ley N° 8220) must be followed, which must be carried out directly before the institutions that have not issued a decision.
k. Once the construction plans are approved, the interested parties must submit the construction plan and the requirements established in Article 2 of this regulation to the corresponding municipality.
l. The final construction plans must be at the project site for the availability of the competent administrative and municipal authorities to verify their compliance.
(Thus added by Article 4 of Executive Decree No. 32688 of September 12, 2005)