Notwithstanding the foregoing paragraph, regarding easements (servidumbres), neither the municipality nor any public institution has the obligation to maintain them, nor to provide services on the interior lots." "Article II.2.1.6. For agricultural, livestock, and forestry purposes, segregations of parcels fronting special easements (servidumbres), hereinafter called agricultural and forestry easements (servidumbres), may be permitted; the resulting portions must be equal to or greater than 5,000 m2. In these cases, the individual plans must indicate "agricultural use", "livestock use"; or "forestry use", as applicable. The constructions for housing and other installations and structures are subject to a maximum of 15% coverage area (área de cobertura).
The easements (servidumbres) regulated in this article shall have a minimum width of 7 meters and must be located within the parcels in whole or in proportional parts.
(Thus PARTIALLY AND TACITLY REFORMED by Session No. 5281 of May 28, 2003, published in La Gaceta 107 of June 5, 2003, which reforms Session No. 5277 of May 14, 2003, which had partially reformed points II.2.1.5 and II.2.1.6 of this article.)
II.2.2 The Municipality may, through an agreement so stipulating, accept the subdivision (fraccionamiento) on properties that front existing roads (vías), even when these are not the regulatory ones. In this case, provisions must be taken for their future normalization. The subdivider (fraccionador) shall make all improvements determined by the municipality on the half of the road which the lots front, including its widening.
II.2.3 Lots fronting a public road (vía pública) less than the regulation: On lands that allow their parcelization without opening roads, where their division into regular lots implies little use of the existing infrastructure, irregularly shaped lots shall be accepted, in which case each may have a frontage onto a public road (vía pública) not less than three meters (3.00 m.).
This strip that serves as access to the interior lot shall not exceed thirty meters (30.00 m) in length for a 3 m width, and forty meters (40.00 m) for a 4 m width.
This area shall not be computable for the calculation of the minimum lot area, nor may construction take place on it.
II.2.4. The size, frontage, and shape of the lots of any subdivision (fraccionamiento) shall conform to the zoning (zonificación) requirements of the area and, in their absence, to what is established in III.3.
In qualified cases, the Dirección de Urbanismo, taking into consideration the socio-economic situation of the zone and of the favored persons, may apply the minimums established in Article V.5 for Progressive Housing (Vivienda Progresiva).
II.3 Transfer (Cesión) of Public Areas:
Every subdivider (fraccionador) of lands located outside the quadrant of cities or of previously urbanized zones (zonas previamente urbanizadas) shall freely transfer (cederá) for green areas and urban equipment 10% (ten percent) of the area, without restrictions (sin restricciones), except when the subdivision (fraccionamiento) is agricultural and livestock.
(Thus reformed point II.3 of this article by Resolution of the Sala Constitucional No. 4205-96 of August 20, 1996.)
II.3.1 The Municipality shall use the transferred (cedida) public area according to the order of provision indicated in Article III.3.
II.3.2 Private Services: What is indicated in article III.3.6.3.2 shall apply.
All areas for public use must be transferred in favor of the municipal domain. In areas larger than 250 square meters, the transfer (cesión) of public areas shall be made on site. Areas for private services must be set aside in all subdivisions (fraccionamientos) when they result in more than 100 square meters.
(Thus reformed point II.3.2 of this article by Resolution of the Sala Constitucional No. 4205-96 of August 20, 1996.)
II.3.3 When an official map (mapa oficial) exists, the Municipality may negotiate the cash payment for the park and community facilities area of the urbanizations (urbanizaciones) in the areas determined by the Plan, so that once paid immediately, it can acquire others located in the sites indicated on the official map (mapa oficial). These areas shall be called municipal reserves for negotiation. The area corresponding to children's playgrounds must necessarily be left on site.
If the owner does not wish to negotiate said areas, they shall be left on site, indicating them on the urbanization (urbanización) plan as an area or municipal reserves susceptible to change.
(Thus expanded by agreement of the Board of Directors, in session No. 3912 of April 17, 1989)
URBANIZATIONS (URBANIZACIONES) III.1 Access: Regarding this aspect, what is indicated in the previous Chapter shall apply.
III.2 Roads (Vialidad):
III.2.1 The road system (sistema vial) of urbanizations (urbanizaciones) must be tied to a regulatory public road (vía pública) according to its classification. The Municipality may, through an agreement so stipulating, accept the construction of urbanizations (urbanizaciones) even when the access road to the proposed property is not the regulatory one; in this case, it must take provisions for its future normalization. If the property fronts existing roads, both for subdivisions (fraccionamientos) outside the quadrant and for urbanization (urbanización), the developer (urbanizador) shall bear the cost of the widenings or improvements that those roads require to conform to the regulations in the portion corresponding to the half of the road which they front; regarding the width of the roadway (pista de rodamiento), the improvements must be made for at least 3.00 m or 4.50 m according to the type of road (vías). On the side opposite the pipe, the necessary works must be done to protect the pavement. In very special cases, when the right of way (derecho de vía) cannot be completed on the opposite side of the urbanization (urbanización), the Municipality may demand gratuitously a larger strip of land to regularize the width of the existing road, provided that it does not exceed the 25% established by the Ley de Planificación Urbana. III.2.2 When lands contiguous to a restricted-access road (vía de acceso restringido), existing or projected, are urbanized, the traffic from the urbanization (urbanización) must be separated from that of said road by means of frontage roads (calles marginales). These frontage roads (calles marginales) are for providing access to the properties and, therefore, it is the obligation of the developer (urbanizador) to contribute the necessary land and build the required works. For design purposes, they are assimilated to secondary roads (calles secundarias). III.2.3. The interconnection between streets and restricted-access roads (vías de acceso restringido) shall only be made at the sites and in the manner determined by the Ministerio de Obras Públicas y Transportes. III.2.4. Classification of Roads (Vías): The geometric design for public roads (Vías públicas) in Urbanizations (Urbanizaciones), (whose regulations include the width of pavement, green strips, and sidewalks, and the critical design elements) will depend on the average daily traffic volume, topographic features, slopes, density of use, and other similar factors. Their classification, on the other hand, is made according to their importance within urban developments. In this classification, six (6) types of roads (vías) are defined, which are listed below, in decreasing order of their right of way (derecho de vía) and their importance. III.2.5 Roads Regulated by the Ministerio de Obras Públicas y Transportes (M.O.P.T.). The right of way (derecho de vía) of highways and public roads (caminos públicos) shall be that indicated by the MOPT, but the geometric characteristics of the roadway (calzada) and sidewalks shall be governed by what is established in the following points, with the rest of the right of way (derecho de vía) remaining as a green zone. The validity of the alignments shall be 18 months. (Thus reformed by agreement of the Board of Directors, in its session No. 3773 of November 17, 1986) III.2.6 Local Streets (Calles locales): Regulated by the Municipality when the respective approved regulation exists; otherwise, they shall be governed by the provisions of this Regulation, in accordance with Law No. 5990 of April 19, 1976:
(Thus reformed by agreement of the Board of Directors, in its session No. 3773 of November 17, 1986) III.2.6.1. Special (Especiales): Those indicated in the plan regulador or in special or partial projects duly approved, by the Instituto Nacional de Vivienda y Urbanismo (I.N.V.U.). Their section shall be that indicated in each case and they must be adequately integrated into the existing or proposed road system (vialidad) for the zone. III.2.6.2 Primary (Primarias): Those that constitute a continuous road network, serving to channel local roads (vías locales) towards sectors of the city or, towards connecting highways between the proposed development and other populated centers or that are considered likely to eventually have that function. They require the following dimensions: fourteen meters (14 m) of right of way (derecho de vía), nine meters (9 m) of roadway (calzada), one meter fifty centimeters (1.50 m) of sidewalk, and one meter (1 m) of green strips. They may serve an unlimited number of lots. In industrial zones, the right of way (derecho de vía) shall be 17 m. (Thus reformed by agreement of the Board of Directors, in its session No. 3773 of November 17, 1986) III.2.6.3 Secondary (Secundarias): Those roads (vías) collecting traffic from the internal roads (vías) of the urbanization (urbanización), shall have a right of way (derecho de vía) of 10 m, the roadway (calzada) shall be 7 m, and the remainder shall be distributed between sidewalks and green zones. (Thus reformed by agreement of the Board of Directors, in its session No. 3773 of November 17, 1986) III.2.6.4 Tertiary (Terciarias): Those serving 100 or fewer housing units or lots. They shall have a right of way (derecho de vía) of 8.50 m, with a roadway (calzada) of 5.50 m, and the remainder shall be distributed between sidewalks and green zones. (Thus reformed by agreement of the Board of Directors, in its session No. 3773 of November 17, 1986) III. 2.6.5 Restricted Use (De uso restringido): These are tertiary roads (terciarias) that, due to their limited continuity characteristics, shall have a right of way (derecho de vía) of 7 m, a roadway (calzada) of 5 m, and the remainder may be sidewalk or green zone. Their maximum length shall be 120 m. In the cases defined in Chapter V, a roadway (calzada) of three meters (3 m) may be admitted, including without pavement. (Thus reformed by agreement of the Board of Directors, in its session No. 3773 of November 17, 1986) III.2 6.6 Streets in Projects Covered by the Condominium Law (Ley de Propiedad Horizontal): In these cases, the buildings must be located in such a way that, in a possible subsequent segregation, the streets planned as private can be turned over to public use in compliance with the previous regulations. The right of way (derecho de vía) shall be calculated according to the previous regulations, based on the number of housing units.
III. 2.6.7 Pedestrian Paths (Peatonales):
III.2.6.7.1 Malls or Pedestrian Paths (Alamedas o senderos peatonales): They shall have a minimum right of way (derecho de vía) of 6 m with a 2 m sidewalk in the center and the remainder for green zones. When they have an exit to two vehicular streets, their length may be 200 m; if not, the maximum length shall be 135 m. (Thus reformed by agreement of the Board of Directors, in its session No. 3773 of November 17, 1986) III.2.6.7.2 When the distance between two vehicular roads (vías) is greater than two hundred forty (240) meters, the block must be subdivided by means of an open space to produce an intermediate pedestrian walkway no less than 6.00 m wide. In this case, the front yard (antejardín) shall not be required if there are no lots fronting it.
III.2.6.7.3 Repealed (Thus repealed by agreement of the Board of Directors, in its session No. 3773 of November 17, 1986, although in the publication of this regulation in the Colección de Leyes y Decretos of 1983, semester I, volume II, said numeral does not appear) III.2.6.8 General Regulations Dead-end streets must be terminated with a widening that facilitates the turning of vehicles, which may be done through the design of roundabouts, "T" or "Hammer" turnarounds (see design diagram geometric).
III.2.6.8.1 The INVU and the Municipality shall review, at the preliminary project level, the type of road (vía) that can be used in each urbanization (urbanización), for which they shall take into account the topographic features, the number of dwellings served, traffic generation, and road continuity, among others. III.2.6.8.2 In the case of urbanizations (urbanizaciones) located in areas that do not allow adequate integration with the rest of the zone, the INVU and the corresponding Municipality may accept rights of way (derechos de vía) different from those proposed in this regulation, provided that it is demonstrably proven that with the proposed design, equal or greater advantages are obtained for the community. III.2.6.8.3 In the case of urbanizations (urbanizaciones) in whose design more than 20% of the land is used for public roads (vías públicas), the INVU and the Municipality may demand modifications if the design is not adequate, according to a justified resolution. Excluded from this calculation is the area required for special municipal or MOPT projects. III. 2.6.8.4 The maximum slope of the roads (vías) shall be of the following order: For primary (primarias) and special (especiales) streets, 17%; in sections shorter than one hundred fifty meters, slopes of up to 21% may be permitted; for secondary (secundarias), tertiary (terciarias), and restricted use (de uso restringido) streets, 20%; and in sections no longer than one hundred fifty meters (150 mts.), slopes of up to 22% may be permitted.
(Thus reformed the preceding subsection by means of session No. 5677 of June 11, 2008) III. 2.6.9 Intersections III.2.6.9.1 The minimum distance between two vehicular intersections shall be forty (40) meters, measured between the centerlines of the streets. III.2.6.9.2 At every road intersection, one of them shall be considered the main road, and those connecting to it must have a maximum slope of 5% for a minimum distance of fifteen meters (15 m) beyond the right-of-way, prior to the junction. The street and sewer levels when joining existing streets must be defined by the Municipality in congruence with the existing conditions; if the junction is with an existing or planned highway, the developer (urbanizador) must submit the longitudinal profile to the MOPT for its study. (Thus amended by agreement of the Board of Directors, in its session No. 3773 of November 17, 1986) III.2.6.9.3 The start of public parking spaces on roadways shall not be located less than 100 m from a highway intersection and 40 m in the case of streets.
III.2.6.10 Geometric Design III.2.6.10.1 Public roads must be constructed according to the INVU booklet entitled Minimum Geometric Design Standards in Urbanizations or as detailed in the tables called "Road and Path Classification" for roads regulated by the Ministry of Public Works and Transportation. III.2.6.10.2 In the case of streets with a central median (jardinera central), the median shall be interrupted at pedestrian crossing zones, with a clear strip, at the level of the roadway, with a minimum width of 120 cm. III.2.6.10.3 The wearing course shall be constructed according to the standards on thickness, materials, and construction determined by the Ministry of Public Works and Transportation or the Municipality, in accordance with their respective competences, for which their opinion must be sought at the preliminary project phase. The INVU and the Municipality may reject the materials or construction specifications proposed for the roadways when these are not consistent with the topography or the expected traffic flow.
III. 2.7 Railways:
III.2.7.1 Classification: Four classes of railways are distinguished according to their importance, traffic, alignment, maximum slope, maximum speed, and construction characteristics of rails, joints, and sleepers (traviesas). III.2.7.2 Minimum Right-of-Way: Classes 1st. and 2nd.: 17 meters Classes 3rd. and 4th.: 14 meters III.2.7.2.1 Subdivision (fraccionamiento) or urbanization lots shall not be allowed to face the railway right-of-way, except when marginal streets are built. III.2.7.2.2 When the right-of-way is not the property of the railway company, it shall be understood as an exclusive easement (servidumbre exclusiva) and therefore cannot be used to establish another type of easement (servidumbre) or right-of-way on it, unless authorized by the company. III.2.7.2.3 The right-of-way for marginal streets for the railway shall be 11 m. The paved area shall be 6 m, it shall have a sidewalk of 1.15 m and a green strip of 2.50 m. The remainder shall be located on the railway side, without a sidewalk. III.2.7.4 The number of transverse crossings of the railway right-of-way must be the minimum, and their location and design are subject to the authorization of the MOPT, III.2.7.5 In locations where marginal streets are not foreseen, part of the public area to be transferred to the Municipalities must be located along the railway right-of-way with a minimum width of (6) meters, as a linear park with access at the ends and where no type of construction shall be permitted. Constructions on lots adjacent to the railway right-of-way, when no marginal street exists, must observe a construction setback of 3 m from that boundary. III.2.7.6 The urbanization or subdivision (fraccionamiento) plans for lands crossed by or adjacent to a railway right-of-way must have the approval of the MOPT.
III.2.8 Sidewalks: The construction of sidewalks shall be required as part of the urbanization works when dwellings are to be built simultaneously; when this is not contemplated, it shall be required in developments fronting primary streets. In other cases, the construction of sidewalks may be deferred until the construction of works on each particular lot, at the Municipality's discretion. Nevertheless, the planning of these shall maintain a proper relationship with the storm drainage gutters (cunetas de drenaje pluvial) and the pavement gradients. For commercial uses, a sidewalk width greater than that established in this Regulation may be required, at the discretion of the INVU and the Municipality.
(Thus amended by agreement of the Board of Directors, in its session No. 3773 of November 17, 1986) III.2.8.1 The finishing of sidewalks shall be slip-resistant.
III. 2.8.2 Steps shall not be permitted on sidewalks, except on pedestrian pathways.
III.2.8.3 The transverse slope shall be a maximum of 3% and a minimum of 2%. III.2.8.4 In the case of vehicular access to properties, the level difference must be overcome with ramps built in the green strip. When this does not exist, the ramp must be resolved within a maximum length of fifty centimeters (50 cm). The level differences generated at the sides must also be resolved with ramps with a slope no greater than 30% of that of the sidewalk.
III.2.9 Green Strips:
III.2.9.1 In urbanizations that are not of social interest where housing projects are developed, the intermediate green strips between the roadway and the sidewalk shall have trees planted using species of trees or shrubs that due to their growth characteristics do not interfere with the proper functioning of infrastructure works; said strips shall be interrupted 20 meters before corners. The type of plants to be used must include native species with showy flowering and species that provide food for wildlife, conforming to the technical recommendations issued in this regard by the Forestry Directorate of the Ministry of Natural Resources, Energy and Mines. In children's play areas and parks, preference shall be given to fruit trees. The trees to be used must include showy flowering species. (Thus amended by agreement of the Board of Directors, in its session No. 3928 of June 19, 1989) III.2.9.2 When the green strips are not equal on both sides of the roadway, the narrower strip must be placed on the side where the power lines are located. The species to be used in the medians (jardineras) must comply with what is indicated in the previous article. (Thus amended by agreement of the Board of Directors, in its session No. 3928 of June 19, 1989) III.2.9.2.1 When the green strips are not equal on both sides of the roadway, the narrower strip must be placed on the side where the power lines are located. (Thus amended by agreement of the Board of Directors, in its session No. 3773 of November 17, 1986, which eliminated paragraph No. 1) III.2.9.2.2 The gutters (cunetas) shall have a design such that they allow access of vehicles to the unpaved area of the street (shoulder) for their eventual use as parking.
III. 2.10 Corner Cutoffs (Ochavos): At every street crossing, the corners shall be cut back at the property boundary, by means of a cutoff of two meters fifty centimeters (2.50) on each side. In the case where a curve is preferred, it must be inscribed within the property lines and the cutoff (ochavo). III.2.11 Ramp at Corners: At all corners, ramps shall be built with a length equal to the width of the green area to overcome the existing level difference between the street and the sidewalk. These ramps must have a minimum width of 1.20 m, be of slip-resistant material, have a groove of a minimum of 1 cm in depth every 10 cm, and be located outside the curved section of the intersection. III.2.12 Curb and Gutter (Cordón y caño). The curb and gutter at street corners shall be designed in a circular shape with a minimum radius of six (6) meters. In the case of industrial or commercial zones or when there are acute road intersection angles (never less than sixty (60) degrees) at the corners, the radius shall be increased to a minimum of ten (10) meters. III.2.13 Placement of Objects in Public Areas: Any sign or protruding object placed on streets, sidewalks or public spaces must be at a minimum height of 2.40 m, except in the case of posts, public telephones, and telephone distribution cabinets, which must be located in the green strips, in such a way that they do not obstruct the passage of people and vehicles, without crossing said strip. III.2.14 Road Signage: The signage of streets and avenues, including all indications: stops, directional arrows, speed, and others, shall be at the expense of the developer (urbanizador) and shall be done using signs that the Ministry of Public Works and Transportation will provide, designed according to standards established jointly with the National Council for Rehabilitation and Special Education. Said signage must be completed prior to the transfer of the urbanization to the Municipality; otherwise, the M.O.P.T. must be paid. The height and location of these signs shall be given according to what is indicated by the Department of Road Signage of the Ministry of Public Works and Transportation. III.2.15 Parking on Primary Streets: In complexes that contemplate the construction of more than 50 housing units and that front a primary street, a parking area for public transport vehicles and a suitable site on the sidewalk for the eventual construction of covered waiting shelters shall be provided, widening the right-of-way by no less than 2.50 m and for a length of 12 m.
III.Lot Layout (Lotificación): III.3.1 Block Layout (Amanzanamiento): The size and type of blocks (manzanas) or groups of lots shall depend on the surrounding urban development and the existing conditions of the zone, adapted to the shape and capacity of the parcels and to the provision of public spaces, parking, accesses, and other related facilities. III.3.2 Lot Layout (Lotificación):
III.3.2.1 The area, frontage, and shape of the lots shall conform to the zoning requirements, and in the absence of these, to the following:
| Zone | Minimum Area | | Minimum Frontage | | --- | --- | --- | --- | | With sewer service: | 1 story | 72 m2 | 6 meters | | | 2 stories | 60 m2 | 4 meters | | | urbanization | 90 m2 | 6 meters | | Without sewer service: | Both in urbanization and in housing complexes, the frontages shall be the same as those established for lots with sewer service. The area shall be determined by the infiltration test. | | | (Thus amended by agreement of the Board of Directors, in its session No. 3773 of November 17, 1986) III.3.2.2 Fronting curves and roundabouts, the frontage may be 3.50 m provided the area is the minimum established. (Thus amended by agreement of the Board of Directors, in its session No. 3773 of November 17, 1986) III.3.2.3 The percolation tests shall be carried out (according to Ministry of Health specifications) for every 5000 m2. The results must be reported as a function of the time it takes for the water level to drop 2.5 cm under saturated soil conditions in each hole (test). III.3.2.4 The infiltration tests shall be carried out jointly with the preliminary studies, and their result shall be sent to the Institution or office in charge in the zone. In cases where the natural conditions of the land are substantially altered for reasons of topography or other factors, a new percolation test shall be required for the final levels. The Directorate of Urbanism and the Ministry of Health reserve the authority to modify the minimum area or the design standard if the tests so require. (Thus amended by agreement of the Board of Directors, in its session No. 3773 of November 17, 1986) III.3.2.5 The depth of the lot shall not exceed seven times the frontage. Corner lots with a frontage of less than 6 m shall have a frontage greater than the others by an amount equal to the minimum front yard (antejardín) required in the zone. (Thus amended by agreement of the Board of Directors, in its session No. 3773 of November 17, 1986) III.3.2.6 Repealed (Thus repealed by agreement of the Board of Directors, in its session No. 3773 of November 17, 1986) III.3.2.7 As far as possible, the side boundaries of the lots shall be perpendicular to the curb and gutter (cordón y caño) line. III.3.2.8 For the design of blackwater drainage, the standards established by the Ministry of Health for septic tanks and by A y A for sewer collectors shall apply. III.3.2.9 On lands with slopes greater than 15%, a preliminary study of soils and terracing must be submitted, to determine the size of the lots and their slopes. On lands with slopes greater than 30%, a study of the terrain's stability must be submitted. Said lands must be forested according to a plan approved by the General Forestry Directorate of the Ministry of Natural Resources, Energy and Mines. (Thus amended by agreement of the Board of Directors, in its session No. 3928 of June 19, 1989) III.3.2.10 Repealed (Thus repealed by agreement of the Board of Directors, in its session No. 3773 of November 17, 1986) III.3.2.11 Repealed (Thus repealed by agreement of the Board of Directors, in its session No. 3773 of November 17, 1986) III.3.2.12 On larger lots, more housing units per lot may be built, whether single-family or multi-family.
In this case, the densities established by zoning shall prevail, and in their absence, the following standard shall apply: — Maximum Coverage: 60% — Floor Area: 180% of the lot size. — The number of units shall be calculated considering the following table:
| HOUSING UNITS PER LOT (Area according to bedrooms) Resulting from the division of the lot area by the permissible area according to the table. | | | | | --- | --- | --- | --- | | No. of bedrooms | without sewer * | with sewer | Housing complexes | | 3 | | 90 | 60 | | 2 | | 75 | 45 | | 1 | | 60 | 30 | | _______ * Infiltration test. | | | | The regulations regarding aqueducts, sanitary sewers, and storm drainage shall be governed by the standards set by the Costa Rican Institute of Aqueducts and Sewers. (Thus amended by agreement of the Board of Directors, in its session No. 3773 of November 17, 1986) III.3.3 Industrial Areas: When there is no industrial zoning, the following standard shall apply: Parcels may not have a frontage of less than fourteen (14) meters, nor an area of less than four hundred twenty (420 square meters).
III.3.4 Commercial Areas: Lots for commerce may be of smaller dimensions than those established for residential areas, provided they are part of a properly planned commercial complex or center for which public parking and cargo loading or unloading facilities outside the streets are provided.
* These areas shall be applicable provided that the soil permeability allows it.
III. 3.5 Special Zones:
III.3.5.1 . Artisanal Areas: For this use, lots of a smaller size than the regulatory one in the zone may be accepted, according to the prevailing use, at the discretion of the INVU. III.3.5.2 Mixed Uses: An urbanization project may include residential, commercial, industrial, or special areas, apart from those for communal use, provided the uses are compatible. In these cases, each use must be clearly designated and comply with the zoning standards. Areas for industrial or commercial uses involving nighttime activity or those that generate excessive vehicle traffic must be separated from residential ones by intermediate strips with a width of no less than thirty (30) meters. Said strips shall be designated as green areas, and roads may be established within them with a width not exceeding twenty (20) meters, with a location offset towards the industrial or commercial use zone. All of this unless the zoning regulation defines it otherwise.
III. 3.6 Public Areas:
The Urban Planning Law, by mandating the transfer of public areas, foresees that in urbanizations there be the necessary lands for the installation of communal buildings and recreational areas.
The purpose of these standards is to revalue such areas and require their provision in relation to the real needs for a growing population whose services are not foreseen.
III.3.6.1 Areas to Be Transferred: The developer (urbanizador) or subdivider (fraccionador) shall transfer free of charge for green areas and community facilities the following percentage of the developable area: (Thus amended by agreement of the Board of Directors, in its session No. 3773 of November 17, 1986) III.3.6.1.1 Residential urbanization or subdivision (fraccionamiento): The criterion to be used is that of housing density, and (20) square meters per lot or 20 m2 per housing unit must be transferred. This amount as a percentage may not be less than 5% nor greater than 20% of the developable area, except in social interest housing, in which case the minimum shall be 10%.
— Commercial 10% — Industrial 10% — Tourism 15% (Thus amended by agreement of the Board of Directors, in its session No. 3833 of June 15, 1987) III.3.6.1.2 Repealed (Thus repealed by agreement of the Board of Directors, in its session No. 3773 of November 17, 1986) III.3.6.1.3 From the cited percentage, in industrial, commercial developments and in low-density residential ones (less than 80 inhabitants/ha), one third must necessarily be located at the urbanization site, and the other two thirds may be negotiated with the municipality, so that it invests the money in the purchase of lands for communal use in other locations, all in accordance with article 41 of the Urban Planning Law. In these cases, the appraisal from Direct Taxation must be obtained, and the authorization for the negotiation must be sought from the Directorate of Urbanism. The money obtained must be invested in improving existing communal areas or in the purchase of new lands for this use where they have been reserved or are considered necessary. (Thus partially amended by agreement of the Board of Directors, in its session of March 17, 1986, which modified paragraph No. 2) III.3.6.2 Green Areas:
III.3.6.2.1 The portion of the area that is located in the urbanization must be allocated primarily to children's playgrounds and park. What is necessary for these uses shall be calculated as follows: per lot or house 10 m2 for children's playgrounds. Rest of the area, up to completing 1/3 of the public area, for park or sports fields. These two areas should preferably be together. III.3.6.2.2 The lands on which the public areas are located must have a topography of a quality no greater than the average of the entire developable land. III.3.6.2.3 Said areas must be located: a) Adjacent to already established public areas (if their location is suitable), if any exist, or preferably on the periphery when the surrounding areas are not developed or if the scale of the urbanization so requires, concentrated equidistantly from the dwellings. b) At distances no greater than 300 m from the farthest dwelling (measured along streets) for children's playground areas and in places where primary roads do not need to be crossed to reach them from the dwellings they serve. These areas must have a minimum frontage of 10 m and not form acute angles nor have areas that are difficult to monitor. III.3.6.2.4 The developer (urbanizador) must deliver the area for children's playgrounds with the necessary equipment. The park area must be left grassed and forested. For the forestation of the park areas and children's playgrounds, what is indicated in article III.2.9.1 shall be followed. (Thus amended by agreement of the Board of Directors, in its session No. 3928 of June 19, 1989) III.3.6.2.5 To comply with the above, a complete plan shall be submitted to the INVU and the Municipality indicating the works to be carried out and the equipment to be provided. Such works shall include: playground equipment, shelters, pavements, sidewalks, fences, forestation, terracing, benches, and any other pertinent detail, all as the case may be. In any event, potable water outlets shall be provided, distributed according to a coverage radius of no less than fifty meters (50 m). For the purpose of calculating the playground equipment to be installed, one nucleus shall be considered for every 50 housing units. In projects of more than 1000 dwellings or lots, the number of playground equipment sets shall be defined on a case-by-case basis. III.3.6.2.6 In order for the playground equipment to be suitable for the zone, durable, and safe, the INVU shall provide plans for playground equipment whose use it recommends. Copies of plans shall be paid for by the interested parties. For reasons of safety or durability, the INVU or the Municipality may reject the types of playground equipment proposed by the developer (urbanizador). In the event that the children's playground area is immediately adjacent to a stream (quebrada), river, canal, or primary street and in general dangerous places, it is the obligation of the developer (urbanizador) to enclose the site with mesh, a hedge (seto), a wall, or another system that provides safety. III.3.6.2.7 When the urbanization is not going to be inhabited immediately, the developer (urbanizador) may pay the Municipality in cash the cost of the works and the equipment so that the latter enables the area at the time it is required, according to the price that the Municipality shall determine. III.3.6.2.8 Of the indicated 10 m2 per family, the following shall be allocated for children's playground: 2 m2 per dwelling to a play area for toddlers (under 3 years old). 4 m2 per dwelling to a play area for children (3 to 7 years old). 4 m2 per dwelling to a play area for school-age children (over 7 and under 13 years old). III.3.6.2.9 In the play area for school-age children, children's football, basketball, and multi-use courts may be included. In the area for toddlers, an area for babies must be included with the necessary facilities so that adults can stay for extended periods of time. III.3.6.2.10 In the areas designated for park, playgrounds, and in general outdoor recreation, the developer (urbanizador) shall provide open spaces for shelter for people, with a minimum area of 6 square meters for every 500 square meters. For each additional fraction of park, the shelter area shall be increased proportionally. The design of these structures must have the approval of the INVU and the Ministry of Health and the Municipality.
III.3.6.3 Community Services:
The 2/3 parts of the public area corresponding to community services must be clearly indicated on the plans according to their use. Once the area corresponding to park and playgrounds has been separated, the use of the rest of the area shall be given according to the following table, which establishes the number of square meters required per dwelling and the priority (in decreasing order): In the neighborhood, no more than 1000 m from the farthest dwelling:
| m2/dwelling | |
|---|
| 2.5 | Kindergarten |
| 8.0 | School |
| 1.5 | Education and Nutrition Center |
| 11.0 | Sports fields |
| 0.5 | Police |
| In the sector, no more than 2000 m | |
| 4.0 | High School |
| 1.5 | Community Center |
| 1.5 | Library |
| 0.5 | Health Post |
| 0.5 | Office for public services |
| 1.0 | Technical Education |
| Variable distances according to population density and settlement hierarchy | |
| 1.5 | Daycare Center |
| 1.0 | Health Unit |
The priority or the use may be varied upon the approval of the plans, according to the characteristics of the zone, through a prior study that demonstrates that the use is already covered or is not required. According to the previous figures, the minimum community space required per dwelling is 35 m2. When, occasionally, in high-density projects, the area indicated in Article III.3.6.1.2 is not sufficient to cover this percentage, the developer (urbanizador) must set aside up to an additional 5% in a lot immediately adjacent to the public area to give the State or private parties, through the Municipality, the opportunity for its acquisition in accordance with the laws in force on the matter and for the foreseen uses. Private Services: In residential urbanizations, to satisfy the need for this type of services, the developer (urbanizador) must reserve areas for the following uses (indicated in m2 per dwelling) and in order of priority:
| m2/dwelling | Use | | | --- | --- | --- | | | 1 | Small grocery store (Pulpería, abastecedor) at distances no greater than 300 m. | | | 3 | Supermarket and shops. | | | 0.75 | Office for personal services (barbershop, soda fountain, laundromat, beauty salon, cafeteria, bar). | | | 0.25 | Offices for professional services. | | | 0.50 | Artisanal works, small industry, repair shops. | | | 0.50 | Parking. | The priority or the use may be varied upon the approval of the plans, according to the characteristics of the zone, through a prior study that demonstrates that the use is already covered or is not required.
III.3.6.3.3 Municipal Fund for Urban Equipment:
When the developer (urbanizador) has paid in cash for the public area for services, the money must be used by the Municipality solely for the purchase and enabling of lands reserved for the uses defined in article III.3.6.3. The land reserves for public use must be located preferably around the proposed or existing schools or high schools, provided that the distance standards for pedestrian travel are complied with. These zones are called "comprehensive service units." The areas that must be reserved for each use shall be calculated based on the previous tables and the expected density in the area.
III.3.7 River Protection:
III.3.7.1 In the event that it is intended to urbanize properties crossed by rivers or streams or that border them, a no-build strip with a minimum width of 10 m must be provided along the maximum riverbed, measured on each side of it, in horizontal projection. This strip shall be given over to public use in excess of that indicated in Article III.3.6.3, for purposes of cleaning, watercourse rectification, urban forest, and placement of similar water infrastructure. However, when the park area is fully integrated, or, if it slopes 25% or less, fronts a street and does not back onto the lot, it may be counted as public area. The transfer of the area for public use shall apply provided it does not exceed the 20% established by the Urban Planning Law (Ley de Planificación Urbana). (Thus amended by agreement of the Board of Directors, in its Session No. 3773 of November 17, 1986) III.3.7.2 For irrigation ditches and intermittent watercourses, 5 m shall be considered instead of 10 m. III.3.7.3 In urban districts, in the event that, once the preceding paragraph has been complied with, no-build strips remain on the banks of watercourses, these shall form a single property between streets, unsuitable for construction, and must have the character of protection for the watercourse. III.3.7.4 In the case of river canyons, lands adjacent to the watercourse with a slope greater than 25% may not be urbanized; for the purposes of transferring public areas, these lands shall not be counted as they do not form part of the developable area. On said slopes, earthworks (movimientos de tierra) that alter the natural topography of the land may not be carried out; this implies a prohibition on terracing and the deposit or extraction of materials. In highly qualified cases, the INVU and the municipality may authorize some of these works when it is demonstrated that they will not cause deterioration to the local ecology. (Thus amended by agreement of the Board of Directors, in its Session No. 3773 of November 17, 1986) III.3.7.5 In the case of lands with slopes greater than 20% or with slopes on the banks of watercourses, geological studies of the area to be urbanized must be submitted, accompanying the preliminary project for the urbanization, demonstrating that the lands are suitable for construction. III.3.7.6 In the event that a permanent water source (corriente de agua) springs up in an area to be urbanized, the spring (ojo de agua) must be protected within a minimum radius of 50 meters, an area in which no construction may be built, except for those for water use. This area may be given within the percentage to be transferred to the Municipality for public use, and in this case, it must be designated as a park. III.3.7.7.—For all types of land indicated in Article III.7, a reforestation plan approved by the Forestry Directorate (Dirección Forestal) of the Ministry of Natural Resources, Energy and Mines must be submitted. (Thus expanded by agreement of the Board of Directors, in its Session No. 3928 of June 19, 1989) III.3.8 River Piping (Entubamiento de ríos): When the urbanization is crossed by a watercourse, channeling or piping (entubamiento) works may be carried out, in which case overflows for maximum floods must be provided, maintaining an additional "open channel" above the pipe. When there are municipal or institutional projects for piping said waters, the developer must pay the proportional share of the works corresponding to them. III.3.9 Earthworks (Movimiento de Tierras): III.3.9.1 When planning urbanizations on rugged or steeply sloping lands, both the rows of dwellings and the roads must preferably be placed parallel to the contour lines.
III.3.9.2 The topsoil (capa vegetal) that is removed must be temporarily placed in appropriate locations for later use in the final treatment of the areas.
III.3.9.3 Debris must not be left in the area designated for future construction or in public zones, but only in locations specifically designated by the Municipality as dumpsites, in which case this must be indicated on the plans. III.3.9.4 The areas designated for construction must not be located in fill zones; eventually, the INVU and the Municipality, based on studies submitted by the developer, may permit dwellings to be built in said areas, in which case the degree of compaction of the fills must be clearly specified, and the INVU and the Municipality must be informed of the time when the compaction works will begin, all without liability on their part. The INVU and the Municipalities reserve the right to reject the proposed degree of compaction for the area when it does not comply with the soil studies or other technical design variables. III.3.9.5 Fill sites may be used for parks, in which case the INVU may require the construction of retaining walls and protective elements against accidents, where pertinent. III.3.10 Storm Drainage (Drenaje Pluvial) Every project must include a study of the watershed (cuenca) within which it is located, in order to take into account the development of other projects both upstream and downstream. In the event that the land has steep slopes (greater than 10%) and its terracing is planned, adequate drainage for stormwater from the lots, prevention of slope erosion, and prevention of ponding in small valleys that the land may have must be ensured. The discharge of stormwater into a collector (stream or river) must take into account the maximum probable flood level (avenidas) of the latter, so as not to impede the incorporation of the waters. This discharge must not be made perpendicular to the course of the collector, but at an angle no greater than 45°. Regarding the design of the storm sewer network and accessory works, the standards of the Costa Rican Institute of Aqueducts and Sewers (Instituto Costarricense de Acueductos y Alcantarillados) must be followed. III.3.11 Aqueduct: The supply of potable water and the evacuation of stormwater shall conform to the standards of the Costa Rican Institute of Aqueducts and Sewers (AyA). If the stormwater collection network flows directly into a river or stream, its outlet must be in the direction of the water flow at an angle no greater than forty-five degrees (45°) and at a height of no more than one meter to reduce the impact force of the falling water. III.3.12 Sewers: When urbanizing areas that have a functioning sewage collector (colector de aguas negras) service, the developer must connect to said system. When the collector is planned for a later stage, the developer must leave a sewer system built within the urbanization for future connection to the planned collector system. If there is no sewer currently functioning or planned, the following alternatives are considered: III.3.12.1 For developments larger than five hundred (500) dwelling units, the construction of a private sewage treatment plant is required, unless developments larger than this with septic tanks are negotiated with the Costa Rican Institute of Aqueducts and Sewers (AyA). III.3.12.2 In developments with a smaller number of lots or dwellings, the minimum lot size for the use of septic tanks, as established in this Regulation, must be met.
III.3.13 Telecommunications:
III.3.13.1 The construction of the main telephone network, the design of which the ICE will approve in each case, can be carried out by private companies or contracted directly with the ICE. III.3.13.2 The project must include telephone distribution cabinets, the location of which must be consulted with the ICE at the preliminary project stage, so that the necessary spaces are reserved. III.3.13.3 Location of Networks: The routing of networks for electricity, aqueduct, sewer, or other systems must be located preferably in the rights-of-way and, in any case, through or over public use areas. Therefore, property easements (servidumbres prediales) contrary to this stated norm will not be accepted. When the property is already affected by easements (servidumbres) as indicated, these must likewise be located in public areas and may be incorporated into streets, parks, or children's play areas. (Thus expanded by agreement of the Board of Directors, in its Session No. 55 of February 17, 1988) III.3.14 Infrastructure and Finishes: The competent entities shall determine the infrastructure works required by subdivisions (fraccionamientos) and urbanizations, considering their location and character and adhering to applicable standards. The municipalities shall rule on the finishes of pavements, storm drains, sidewalks, and the like.
III.3.14.2 The approval of construction plans by the Municipality does not constitute approval for the segregation of lots. For this procedure, a special approval (visado) must be obtained, clearly indicating that it is granted for the purposes of Article 33 of the Urban Planning Law (Ley de Planificación Urbana). III.3.15 Performance Guarantees for Works III.3.15.1 When a municipality is willing to authorize the segregation of lots without the urbanization works having been included, it must require for this purpose the guarantee mentioned in Article 38 of Law No. 4240 (Urban Planning). For these cases, the following documents shall be submitted to the INVU:
— Type of guarantee offered. — Budget for works completed and outstanding, signed by the responsible party of an authorized construction company. — Budget for the required tree planting, ensuring the maintenance of the trees during the first two years.
This document must have the approval (visto bueno) of the Forestry Directorate (Dirección Forestal) of the Ministry of Natural Resources, Energy and Mines.
(Thus amended by agreement of the Board of Directors, in its Session No. 3928 of June 19, 1989) III.3.15.2 The INVU shall determine within a period of no more than one month whether the guarantee and the amount are satisfactory and shall notify the municipality accordingly for appropriate action. III.3.15.3 Under no circumstances shall segregation permits be granted based on preliminary projects.
RESIDENTIAL DEVELOPMENT PROJECTS (DESARROLLOS DE CONJUNTOS RESIDENCIALES) This chapter refers to standards for urbanization or subdivision (fraccionamiento) projects that include, as part of the same, the construction of dwelling units (single-family dwellings on one or two floors, in rows, detached, or semi-detached; two-family dwellings on two floors, in detached or semi-detached rows; and multi-family dwellings on several floors). IV.1 Purposes: The purpose of these standards is to provide greater design freedom in these projects, as this type of solution allows for lower land coverage (coberturas), higher densities, aesthetically valuable residential developments (conjuntos), and better placement of services, while preventing urban land from remaining idle for extended periods. IV.2 Requirements: IV.2.1 To be eligible for the benefits of this program, it is a requirement that the net densities of the projects range between 160 and 350 inhab./ha in zones lacking sewage collectors (cloacas) and between 250 and 700 inhab./ha where sewers exist. The Urban Planning Directorate (Dirección de Urbanismo) may admit higher densities subject to studies demonstrating that the existing infrastructure and services are sufficient or, alternatively, that the developer is capable of providing them. IV.2.2 For the lot area, the stipulations in the chapter on urbanizations * III.3.2.12 shall apply. Regarding the lot frontage, height, and coverage (cobertura), the minimums are as follows: IV.2.2.1 Frontage:
| No. of Floors | Type of Construction | Frontage |
|---|
| 1 | Row (Hilera) | 6.00 m |
| 1 | Semi-detached (Semiaislada) | 7.50 m |
| 1 | Detached (Aislada) | 8.00 m |
| 2 | Row (Hilera) | 4.00 m |
| 2 | Semi-detached (Semiaislada) | 7.00 m |
| 3 or more floors | Multi-family (Multifamiliar) | 10.00 m |
(Thus tacitly amended by agreement of the Board of Directors, in its Session No. 6 of August 3, 1987, which modified the last row of this table) IV.2.2.2 Building Height: In the absence of a Regulatory Plan, the maximum building height is set at 4 floors, and 5 floors in the case of duplexes starting from the 4th floor.
IV.2.2.3 Coverage (Coberturas):
| Dwellings on 1 floor | 70% |
|---|
| Dwellings on 2 floors | 60% |
| Dwellings on 3 to 4 floors (or 5 for duplexes) | 50% |
IV.3 Incentives: In residential development projects on lands larger than 5000 m2, greater coverage (coberturas) may be allowed provided that the public area to be transferred to the municipality is increased. All according to a negotiation approved by the Urban Planning Directorate (Dirección de Urbanismo). IV.4 Building Setbacks: For single-family houses, side setbacks are not required unless they are made of combustible material. For multi-family buildings, this setback shall be a minimum of 1/3 of the building height when these are separated from the property line. The rear setback shall be a minimum of 3 m or 1/3 of the height of the taller building, whichever is greater, with the rear setback being substitutable by a courtyard of equivalent area. (Thus amended by agreement of the Board of Directors, in its Session No. 3833 of June 15, 1987) IV.5 Floor Area It shall be permitted to build a total floor area in accordance with the dimensions of the lot and the width of the street it faces, in conformity with the following indices:
| Lot Area | | Roads of 7 m to 16.9 m | 17 m to 23.9 m | 24 m or more or open spaces |
|---|
| Less than | 150 m2 | 1.80 | 1.80 | 1.80 |
| 150 to | 199 m2 | 2.70 | 2.70 | 2.70 |
| 200 to | 399 m2 | 2.80 | 3.20 | 3.40 |
| 400 to | 599 m2 | 3.00 | 3.60 | 4.00 |
| 600 to | 799 m2 | 3.30 | 4.00 | 4.60 |
| 800 to | 999 m2 | 3.70 | 4.70 | 5.40 |
| 1000 to | more m2 | 4.20 | 5.50 | 6.40 |
(Thus amended by agreement of the Board of Directors, in its Session No. 3833 of June 15, 1987, which changed "Roads of 11 m" to "Roads of 7 m") IV.6 Communal Use Areas: Up to 50% of the communal areas to be transferred according to the chapter on urbanizations may be located inside a building, in the case of horizontal property or if a communal building is to be constructed as part of the project. The centers for children's games* must be provided at a maximum rate of one per every 50 dwelling units or fraction thereof. For defining the uses of communal areas, the table in the chapter on urbanizations shall apply, including the provision of commercial areas that may be provided on the ground floor. In the case of horizontal property, the green areas and communal public use areas must be located in such a way that, should it be dissolved, these areas can be transferred to the municipality. IV.7 Road System and Parking; In this type of project, the distances indicated in Chapter III of this regulation for the different types of roads may be modified according to the characteristics of the land, the design, and the economic levels targeted. It shall also be permitted to propose rights-of-way and finishes different from those stipulated in the regulations, which may be accepted provided their potential for success is demonstrated. Furthermore, the Urban Planning Directorate (Dirección de Urbanismo) reserves the right to reject projects where more than 20% of the land is used for roads (excluding special projects of the MOPT). In the event that parking spaces are not within the lot or building, these must be located in parking areas to serve a maximum of 50 vehicles per area, conveniently distributed within the project; considering a minimum of one parking space for every 10 dwellings in social interest cases. In matters not addressed in this chapter, the respective ordinary standards shall apply.
STANDARDS FOR PROGRESSIVE HOUSING (VIVIENDA PROGRESIVA) V.1 Purposes: This chapter shall apply solely to housing projects, individual or residential developments, carried out by the State or private initiative, in conformity with the regulations and specifications described hereinafter, and which aim to allow a substantial reduction in the prices of the housing unit so that the proposed solutions can reach the social strata with the lowest economic resources. V.2 General Provisions: Progressive housing (vivienda progresiva) is defined as any housing unit that, starting from a lot with minimum services, can evolve over time to eventually become a complete dwelling; therefore, within the possible physical solutions, the following alternatives can be presented: V.2.1 Lot with Basic Services: A solution of lots with basic services whose purpose is for future owners to be able to build their dwelling progressively. The basic services required in each zone shall be defined by the Urban Planning Directorate (Dirección de Urbanismo) and the respective Municipality. V.2.2 Sanitary Core on a Lot with Basic Services: In urban zones, the sanitary core shall consist of a built area for a kitchen, bathroom, and washbasins (pilas), which shall have between 7.50 and 15 m2 of total usable area. V.2.3 Sanitary Core and a Roofed Area: It shall consist of a combined solution of a sanitary core and a roofed area, which may vary between 20 m2 and 35 m2 with the possibility of future expansion. V.2.4 Shell House (Casa cascarón): A housing solution that includes a sanitary core and exterior walls; its area may vary between 30 m2 and 55 m2. V.2.5 Finished Dwelling with the same area as indicated in the preceding article. (Thus expanded by agreement of the Board of Directors, in its Session No. 3833 of June 15, 1987) V.3 Application of Standards: The application of standards for progressive housing (vivienda progresiva) can start from any of the aforementioned alternatives. V.4 Maximum and Minimum Densities: The densities established in this Regulation in the Urbanization chapter shall apply. V.5 Characteristics of the Minimum Lot: The minimum lot in developments with an operational sanitary sewer system shall be 60 m2, and the maximum shall be 120 m2. In developments with septic tank systems and individual or collective drains, it shall be a minimum of 120 m2 and a maximum of 240 m2, governed by the soil percolation rate (Article III.3.2.5 of this regulation). In rural areas, 50 m2 must be added in all cases. To achieve savings in infrastructure, an interior lot shall be accepted with the minimum regulatory areas but with a 3 m access to the street, as indicated in Article II.2.3. In progressive housing (vivienda progresiva) projects, this 3 m frontage may be used simultaneously by two dwellings in the form of an easement (servidumbre).
* See glossary of terms.
The dimension of the minimum lot regarding frontage and depth in developments with an operational sanitary sewer system shall be determined by the dwelling design so that all habitable areas (kitchens, bedrooms, living room, and dining room) have adequate lighting and ventilation (according to Special Construction Standards for Progressive Housing and, where not indicated there, according to the Construction Regulations). The dimension of the lots regarding frontage and depth in developments with septic tanks and individual or collective drains shall be done according to the design of the drainage system to be used so that there is no waste of area or length thereof. The minimum frontage of the lots when there are party walls of non-combustible material and their construction is of one or two floors shall be 4 m; and when party walls or a dwelling are not provided, it shall be 8 m. (Thus partially amended by agreement of the Board of Directors, in the session of June 13, 1984) The lot occupancy index or coverage (cobertura) may not exceed 70%, except when the solution for several dwellings allows for an adequate design in the development, in the judgment of the Ministry of Health and the Urban Planning Directorate (Dirección de Urbanismo). Under no circumstances may the percentage of free area per dwelling be less than 20% of the lot area. The building index or permitted floor area shall be that established in Chapter IV, Residential Development Projects. V.5 Road System: It shall be in accordance with that established for Residential Development Projects. V.6 Conditions for Qualifying for These Standards: The standards of this chapter may be applied to housing projects promoted by the State or by private initiative when the latter meets the following requirements: That the project is aimed at the most needy social strata (low-low, medium-low), which correspond respectively to the following income percentiles:
| - Low-Low | from 0 to 20 percentile |
|---|
| - Low: | from 20 to 40 percentile |
| - Medium-Low | from 40 to 60 percentile |
The estimated family incomes for each of the aforementioned categories are provided by the Directorate of Statistics and Censuses (Dirección de Estadística y Censos) on a quarterly basis. The amount of the monthly loan amortization payment for long-term loans may not exceed 30% of the monthly family income (calculated at the interest rate and terms in effect in each case). The type of project solution must be consistent with the stratum to which it is directed. Projects that qualify for the standards of this chapter shall be built and sold within the approval limits that each project receives, for which purpose applicants must submit, both at the preliminary project stage and at the final project approval stage, a letter of commitment from the financing entity, taking responsibility for adequate control to ensure compliance with this regulation and the use of the corresponding funds. No project shall be approved by the National Institute of Housing and Urbanism (INVU) if the respective commitment letters are not submitted along with the corresponding processing documents. Failure to comply with any of the aforementioned provisions shall entitle the Urban Planning Directorate (Dirección de Urbanismo), in accordance with the Urban Planning Law (Ley de Planificación Urbana), to demand the application of ordinary standards to the project, according to each case.
GENERAL PROVISIONS AND PLAN SUBMISSION VI.1 General Provisions: Non-compliance with the functions assigned to the National Institute of Housing and Urbanism (INVU) and its Urban Planning Directorate (Dirección de Urbanismo) by the Urban Planning Law (Ley de Planificación Urbana), Article 10, subsection 2, No. 4240 of November 15, 1968, for the control of subdivisions (fraccionamientos) and urbanizations throughout the national territory, shall adhere to the provisions of this Regulation, which shall be interpreted and applied in harmony with the criteria and scope of the provisions contained, in order, in: The Urban Planning Law, the Law for the Eradication of Slums and Defense of Their Tenants, the Construction Law, the Public Roads Law, the Municipal Code, and other related laws. VI.2 Plan Submission Any party interested in carrying out a subdivision (fraccionamiento) or urbanization must initially submit a preliminary consultation plan to the Institute, completing for this purpose the application, in one original and two copies, of the respective form that the INVU will provide and which must accompany the preliminary plan (preliminary project). The original form shall be returned for fiscal purposes as required by law. VI.2.1 Consultation of Preliminary Plans (Preliminary Project) The purpose of this consultation is to establish the feasibility of the project. It is understood that the designer will take into account all the provisions of this Regulation, with the level of detail that this stage requires. The preliminary consultation plan constitutes a service of mere guidance for the interested party prior to the submission of the construction plans, and therefore does not authorize the developer to carry out works or proceed with the sale of lots. VI.2.2 Content of the Preliminary Plan. The preliminary consultation plan for a subdivision (fraccionamiento) or urbanization must be submitted at a scale of no less than one to two thousand (1:2000), indicating the following:
- a)The name of the owner and the proposed name for the subdivision or urbanization. b) The location by district, canton, and province; scale and date; additionally, location by coordinates according to maps of the National Geographic Institute (Instituto Geográfico Nacional). c) The boundaries of the area to be subdivided or urbanized; the full names of the adjoining landowners, adjacent streets, and all easements (servidumbres) affecting the property, if any. d) The preliminary geometric design of the subdivision or urbanization, duly signed by the legally qualified professional responsible for the design; indicating their name and registration number. Said plan must show the topography through contour lines at intervals no greater than one meter, referenced to leveling benchmarks of the National Geographic Institute (Instituto Geográfico Nacional) where these exist. e) The layout and cross-section of the streets indicating finishes, the size and shape of the blocks or apple blocks (manzanas), the frontages and depths of the lots with their proposed use, the green and communal areas, as well as a summary, in square meters and as a percentage, of the surfaces designated for each of the proposed uses, and the number and minimum and average size of the lots.
VI.2.3 Documents annexed to the preliminary plan. The following documents shall accompany said preliminary plan:
- a)A reduction of the subdivision or urbanization to a scale of one to five thousand (1:5000); b) An updated cadastral plan, in original (which will be returned to the interested party) and two non-reduced copies, with an updated indication of affectation and alignment by the Ministry of Public Works and Transport (MOPT) and easements (servidumbres), if any. One of these copies shall be filed at the Institute. In the case of simple subdivisions (fraccionamientos), a cadastral plan shall not be required for the purposes of Art. 33 of the Urban Planning Law (Ley de Planificación Urbana), and may be replaced by a sketch. The cadastral plan of the resulting lots shall be necessary if the subdivision is accepted. c) Topographic plan of the contour lines, including the groups of existing trees and their location, which must be accompanied by a note from the Forestry Directorate (Dirección Forestal) indicating the trees that must be preserved.
VI.3 Approval (Visado) of Construction Plans VI.3.1 Documents to be submitted Interested parties seeking approval (visado) of the final plans must submit the following background documents to the Urban Planning Directorate (Dirección de Urbanismo):
1.- Five sets of construction plans. 2.- Three additional copies of the site plan and one of the axes. 3.- INVU form returned with the legal fiscal stamps. 4.- Descriptive letter indicating the equipment for the children's play areas. 5.- Updated cadastral plan, with the alignment from the Ministry of Public Works and Transport (MOPT), if applicable, including a photocopy of the note issued by the latter, should the plan so indicate. 6.- Letter with the Approval (Visto Bueno) of the Civil Maintenance and Transmission Office of the Costa Rican Institute of Electricity (ICE). 7.- Certification from the Public Registry stating the name of the owner of the property whose urbanization is planned and the encumbrances (gravámenes) affecting the property, or a certification issued by a Notary Public attesting to what is requested, returned with the legal stamps. 8.- In the event that the owner is a corporation, a certification of legal representation must be submitted, returned with the legal stamps. 9.- Preliminary consultation plans with the approval seals of the INVU and the Municipality, and a municipal agreement indicating the finishes required by the urbanization. 10.- Reduction at a scale of 1:5000. 11.- In the event that the zone lacks the service, a potable water solution study approved by AyA. 12.- When the INVU deems it pertinent, a certification from the Ministry of Agriculture and Livestock indicating whether the land is affected by the Forestry Law (Ley Forestal) or related laws. 13.- If the property is encumbered, the consent of the creditors, duly authenticated. 14.- Any other background documents that were indicated on the preliminary consultation plan, according to the specific characteristics of the project.
VI.3.2 Conformity with other standards: The construction plans must conform not only to the Institute's recommendations, but also to those of the Municipality and the other public bodies that by law intervene in the granting of the permit for subdivision (fraccionamiento) or development (urbanización), such as: Acueductos y Alcantarillado or the company providing said service, the Ministerio de Obras Públicas y Transportes, the Instituto Costarricense de Electricidad or the company providing electrical services in the locality, the Instituto Costarricense de Turismo, and any other with concurrent jurisdiction. VI.3.3 Form of plan submission The drawings that constitute the construction plans must be made in such a way that the copies obtained from them are legible, their legends are in the Spanish language, and they are prepared using the decimal metric system. The scales to be used shall be: The horizontal scale, in general site plans, not less than one to one thousand (1:1000) and in profiles of street grade lines and storm and sanitary sewer systems not less than one to one thousand (1:1000), ideally (1:1500); the vertical scale in profiles, not less than one to one hundred (1:100), ideally (1:50). By way of exception, the Institute may admit other scales when the case warrants it and after prior consultation. VI.3.4 The construction plans shall necessarily include the following: a) A general plan or site design with the proper dimensions, showing the layout and width of the roads and streets; the size and shape of the blocks, lots, and communal or special areas; bodies of water, the easements (servidumbres) and restrictions that may exist, and other data of interest, together with a table summarizing, in square meters and percentages, the amount of land designated for each use, the number of lots, and the minimum and average area thereof. Said general plan must show the property boundaries and its topography by means of contour lines at intervals of no more than one (1) meter, referenced to the coordinates and leveling benchmarks of the Instituto Geográfico Nacional, if any exist. This plan must show the existing trees that must be conserved, according to the Forestry Directorate (Dirección Forestal) of the MAG. In the event that the earthworks (movimiento de tierras) endanger the life and stability of said trees, details must be included regarding the work required for their stabilization, whether because the ground level around them is being raised or lowered; in no case will they be permitted to be left exposed or semi-buried. The reforestation plan required by the Forestry Directorate shall also be shown. b) An index plan that reproduces the site design at a scale of one to five thousand (1:5000) on 21 X 28 sheets for filing purposes and inclusion in the general plans of the country. c) Street centerline plan indicating their bearing; deflections at intersections and stations; horizontal curve data if any; elevations for vertical control benchmarks, and other data the designer considers important to indicate; d) Profile plan of each street in the development showing the proposed grade line and the ground in its natural form, the manholes and lines for black and storm water conveyance (according to A y A standards). e) The complete plans of the potable water distribution system, indicating the diameter of the pipes to be used, the valves and their boxes, the hydrants, the place where the connection to the network will be made, the house connections, the class of materials to be used, and all other requirements and standards set by the Instituto Costarricense de Acueductos y Alcantarillado or the Ministerio de Salud, as appropriate. The complete plans, in plan and profile, of the sanitary and storm sewer system, indicating the diameter and class of pipe to be used, their gradients and lengths; the location of manholes, with cover and bottom elevations; of catch basins and house connections and, where applicable, the site and discharge works; the black water treatment system, if required, and all other requirements and standards set by A y A or the Ministerio de Salud; f) Structural design and construction specifications for the street pavements. g) As needed: detail plans of various elements such as sidewalks, curbs and gutters, catch basins, manholes, siphon boxes and valve covers, hydrants, headwalls, cross-street culverts, and any others that the institutions or the developer consider pertinent. h) On lands with variable topography, a terracing plan of the ground will be required, showing the proposed lot levels, as well as slope inclinations, cut and fill areas, retaining walls, and alteration of natural runoff, specifying sites where topsoil and deeper layer soil are planned to be placed. i) Plan or plans showing special aspects of the development; j) Plan or plans of the public areas, indicating the type of conditioning thereof, the existing tree cover and the proposed reforestation plan, as well as the portion or portions of areas designated for children's playgrounds with their corresponding equipment and detail of each play structure to be installed, pavements, fences, water installation, shelters, and any other pertinent detail; k) Every plan must include: the name, signature, and registration number of the responsible professional; the date, scale, and magnetic or geographic orientation, in addition to everything indicated in Article 7. l) If it involves a subdivision (fraccionamiento) fronting an existing public road whose degree of development is considered satisfactory, the submission of construction plans may be waived or their simplification may be admitted, upon a favorable report from the corresponding municipality, A y A or Ministerio de Salud, and MOPT, as the case may be. VI.3.5 Resolution period: The period to affirmatively or negatively resolve the approval (visado) of construction plans shall not exceed one month, after which, without any resolution having been issued, both the referred application and the plans will be considered approved. The same rule shall govern for the case of variations or corrections that one wishes to introduce to the original project. The approval (visado) shall be valid for one year. If the works have not been executed within that period, the subdivider or developer must request its renewal during the last quarter of its validity. The resolution on an extension for another equal period may be conditioned or denied, as the case may be, based on Article 38 of Ley No. 4240 de Planificación Urbana. The term to resolve these shall be the same as indicated in the first paragraph of this article. Once the validity of the approval (visado) has expired, the interested party must comply with the requirements for a new application. The approval of construction plans does not imply the approval (visado) provided for in Article 33 of the Ley de Planificación Urbana; for this purpose, segregation plans must be submitted at the time of delivering the development to the Municipality, which must send copies to INVU and the Oficina de Catastro Nacional. VI.3.6 Once the plans are approved, a duplicate of the application form shall be returned to the applicant, as well as four sets of the submitted plans, with the respective notation and date. In the event they are rejected, that decision will be notified, expressing the reasons at the same time, by means of a letter addressed to the interested party, a copy of which will be sent to the Department of Sanitary Engineering of the Ministerio de Salud, to Acueductos y Alcantarillados, and to the respective Municipality. The interested party or a person authorized by them shall sign a receipt when collecting the plans. VI.3.7 Applicants dissatisfied with the reasons on which a denial of approval (visado) is based may exercise the corresponding legal remedies within fifteen business days following the notification made in accordance with the previous article, and may appeal to the Executive Presidency, with subsidiary appeal before the Board of Directors of INVU, for the decision to be reconsidered. VI.4 Execution of works The developer shall give written notice to INVU of the date on which the works have begun, within the first eight days immediately following, without prejudice to the communication that, in the same sense, they must make to the other public bodies interested in verifying that the works are carried out in accordance with said plans, the permit, and the applicable regulatory provisions. VI.5 Infractions In exercise of the powers conferred by items 3) to 5) of Article 10 of the Ley de Planificación Urbana, the Institute: - Shall inform or denounce before municipal corporations the commission of serious infractions committed in subdivisions or developments; - Shall order the suspension of development works when the Municipality that has received the aforementioned denunciation does not act to prevent or correct the noted transgression, within a reasonable term; and - Shall request the assistance of the police authorities to make effective the orders it issues, pursuant to the provisions of the preceding subparagraph. The suspended works may not be resumed until the defects constituting the infraction have been remedied and the corresponding written authorization is provided. - The preceding powers shall be of extraordinary and concurrent application to those exercised over the matter by the municipalities and other competent bodies. VI.6 Acceptance of works: The acceptance of the works and the public areas shall be carried out in accordance with the regulatory provisions in force by the municipality of the canton and the other public bodies that exercise control functions in this regard. No omission of details in the approved plans releases the developer and the responsible professional from the obligations incumbent upon them regarding the total and satisfactory delivery of the works, in accordance with the provisions established in this regulation. The developer and the responsible professional who sign the application for approval (visado) of the construction plans are guarantors of the strict conformity of the works with the enforceable regulatory requirements, as indicated in the applicable laws. VI.6.1 From the total area to be subdivided or developed, the percentage corresponding according to the average size of the lots, the intended land use, and the standards indicated in this Regulation must be ceded free of charge for roads, parks, and communal facilities, all in accordance with the provisions of Article 40 of Ley No. 4240 de Planificación Urbana. VI.6.2 The inspection and acceptance of the works do not relieve the developer from undertaking, on their own account, the repair of the construction defects discovered during the 18 months following the municipal receipt of the works. VI.6.3 It is understood that the sale of lots in the subdivision (fraccionamiento) or development and construction on them will only be permitted if the development works indicated in the respective permit have been executed, or, in lieu thereof, the guarantee for execution of missing works referred to in Article 39 of Ley N° 4240 de Planificación Urbana has been provided. VI.6.4 The name proposed for a development and its streets shall not be the same as nor similar to that of another development within the cantonal circumscription where it is located. The naming function of the Municipality of the canton is limited by that attributed to the Nomenclature Commission in accordance with the law. INVU may request the modification of the name when it judges that the same contravenes the provisions of this article. VI.6.5 On the value of the works that the developer plans to execute, the fee established by the Municipality must be paid, based on the power conferred in Article 70 of Ley N° 4240, with the exceptions that it contains. For these purposes, the professional signing the permit application must submit a budget of the value of the works for municipal verification; this budget cannot be less than that assessed by the Colegio Federado de Ingenieros y Arquitectos. VI.6.6 The officials of INVU who intervene in the processing of consultation and approval (visado) of plans shall be responsible before the superior organs of the Institute and disciplined when they fail to duly comply with the provisions of this regulation and the orders and instructions they must follow regarding the manner of performing their tasks, apart from the penalties to which they might become liable and to which the immediately following article alludes. VI.6.7 Infractions of the provisions of this Regulation shall be sanctioned in accordance with the provisions of Article 401, item 5, of the Penal Code, insofar as the penalties established in Chapter V of Ley No. 2760 de Erradicación de Tugurios of June 16, 1961, or in Chapter XXI of Ley de Construcción No. 833 of November 4, 1949, are not applicable to the case. The initiation of the previously mentioned actions may be preceded or complemented by the police measures defined in Article 88 of the cited Ley de Construcciones and Article 10, items 4) and 5) of the Ley de Planificación Urbana. VI.6.8 The preceding rules are complemented by the applicable technical standards pertinent to this matter and specified in the previous chapters. VI.7 Variation of standards The reduction or variation of technical standards in the cases permitted in this Regulation is only possible based on: - The particular development characteristics of the zone or area subject to control; - A special horizontal property or community use regime proposed for the integral development of the project; and - Being projects sponsored by public entities or non-profit private entities; VI.7.1 The acceptance of new systems for the subdivision and development of land not contemplated in this Regulation may be permitted, on an experimental basis, when the prospect of success is deemed acceptable in the joint judgment of INVU and the Municipality.
(*)VI.7.1 The acceptance of new systems for the subdivision and development of land not contemplated in this Regulation may be permitted, on an experimental basis, when the prospect of success is deemed acceptable in the joint judgment of INVU and the Municipality.
For which purpose an Urban Improvement Plan must be prepared, including the following requirements:
1. Present a detailed study of existing land uses, including the materials and number of floors of each construction; the plan must include contour lines at every meter.
2. Identify existing streets and proposed ones with their respective nomenclature and the front building line of the constructions; the plan must also include contour lines at every meter.
3. Identify pedestrian streets and vehicular streets.
4. Specify the widths of sidewalks (mandatorily respecting Ley 7600) and roadways.
5. Identify areas with encumbrances, such as protection zones, easements (servidumbres), road alignments, etc.
6. Present the proposed zoning with the respective area chart.
7. Present a plan with the proposed densities.
8. Identify the improvement stages with the respective investment amounts.
9. Present proposal with the approval of the Cuerpo de Bomberos de Costa Rica.
(*)(The preceding section was thus added in Session No. 5780 of November 25, 2009) (*)VI.7.2 This regulation shall be applied as long as local regulations regarding Urban Renewal have not been promulgated and is only effective for those Urban Renewal projects existing prior to the promulgation of the present modification.
(*)(The preceding section was thus added in Session No. 5780 of November 25, 2009) December 1982.
SPECIAL CONSTRUCTION STANDARDS FOR PROGRESSIVE HOUSING AND RESIDENTIAL COMPLEXES These standards complement the Construction Regulations for the purposes indicated in Article V.3 regarding standards for social-interest housing and govern projects sponsored by the State and for those that adhere to the standards for Progressive Housing projects or Residential Complexes targeted at low-income social strata.
1.1 Dimensions, area, and possible combination of rooms:
| ROOM | MINIMUM WIDTH (CLEAR IN m) | MINIMUM AREA (M2) | |
|---|
| Bathroom | 1.05 | 2.00 | |
| Kitchen | 1.60 | 4.00 | |
| Washbasins (external) | 1.00 | 1.50 | |
| Multipurpose Space | 2.50 | 12.50 | |
| Master Bedroom | 2.50 | 7.50 | |
| Auxiliary Bedrooms | 2.00 | 6.00 | |
| Living Room | 2.50 | 7.50 | |
| Dining Room | 2.50 | 6.50 | |
| Living-Dining Room | 2.50 | 12.50 | |
| Kitchen-Dining Room | 2.50 | 9.00 | |
| Living-Kitchen-Dining Room | 2.50 | 13.00 | |
The minimum net areas in each solution may in no case be less than the following standard: Minimum sanitary core: 7 m2, Multipurpose space sanitary core: 20 m2. Shell housing (for two bedrooms): 30 m2. For each additional bedroom: 10 m2. 1.2 Finishes, sanitary fixtures, and materials: The use of combustible or non-combustible materials or the combination thereof is permitted for the erection of enclosure walls or partitions. In the case of using combustible materials, the dwelling must be isolated from adjoining properties, leaving a minimum space of one and a half meters from the structure to the lot line; walls may be single-sheathed. Dwellings may be delivered without a ceiling finish provided that air circulation is guaranteed in the upper part of the crown beam (space between the roof and the beam). The height from floor to ceiling or upper part of the crown beam may not be less than 2.20 m. All projected interior spaces must have a window opening area (windows) to guarantee adequate light and ventilation. The minimum percentage of openings shall be the following: - In temperate or cold zones: 10% of the floor area of the interior space. - In hot humid zones: 20% of the floor area of the interior space. - In hot dry zones: 15% of the floor area of the interior space. No more than half of these percentages shall be permanently closed. The following may be used as closure for ventilation areas: ventilation block, screen mesh, removable wooden windows, louvers, glass, or similar. All structural elements of foundations, walls, and roofs must comply with the minimum structural design standards required in the Código Sísmico de Costa Rica, for which the structural calculation report for the dwelling must be presented during the project approval process. Floors may be of stabilized soil-cement, concrete (cascote), or any other material having relative durability, provided that it is leveled and free from the release of dust or particles from the daily use of people or furniture. 1.3 Every progressive housing solution must provide, from the design stage, the basic sanitary core and the different expansion alternatives that the dwelling may undergo in the future, so that the persons acquiring the dwelling know from the outset how it can be completed through self-construction. A complete descriptive manual must be presented, along with detail plans outlining the expansion possibilities, elements to be built by the future owners, etc., to guarantee an adequate advisory system for families and to prevent owners, due to lack of knowledge, from constructing spaces not foreseen in the project that become future health problems, deterioration of the urban space environment, or loss of time and money for the owners. 1.4. Separation between buildings: In the case of building complexes (more than one dwelling per lot and multi-family or similar), the units must be separated from one another by applying standard V.3.5 of the Construction Regulations when windows or openings exist; in the case of closed walls, the units shall be separated by a minimum equivalent to one-quarter of the sum of the height of the opposing walls but never less than three meters. San José, March 23, 1983. O.C. No 85104.
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