1.—That in Ordinary Session No. 50 of July 15, 2003, article 20, the so-called Annual Urban Growth Regulation Policy in the canton of Belén was approved by the Municipal Council.
2.—That the cited policy came into effect upon its publication in the Official Gazette La Gaceta No. 162 of August 25, 2003.
3.—That the Annual Regulation Rate was established at 120 housing units to be counted in subdivisions (urbanizaciones) and condominium branches (filiales de condominios).
4.—That according to the cited Policy, authorizations for housing projects, or stages thereof, shall not exceed more than 40 housing units to be counted in subdivisions (urbanizaciones) and condominium branches (filiales de condominios).
5.—That the administration of the cited Policy fell to the Public Services Directorate of the Municipality of Belén, despite being urban growth regulation, since control of it was established through the authorization of water-connection availability (disponibilidad de pajas de agua) for each project or stage thereof.
6.—That the Works Commission, based on reports from the Public Services Directorate and the Urban Development Directorate, undertook an analysis of the behavior of water-connection (pajas de agua) requests once the cited Policy was established.
7.—That the efficiency of the Policy has been observable, since once the limitation restricting authorization to only 25 water connections (pajas) per project was eliminated, requests for housing development in subdivisions (urbanizaciones) and condominiums, and water connections (pajas de agua) for more than 1000 units were submitted, which means that with only the requests filed versus the granting of 120 annual units, in the next 9 years no subdivision (urbanización) or condominium would have the opportunity to develop in the canton.
8.—That from the analysis of the requests filed, it was possible to verify that 95% of the housing development projects submitted would obtain their water availability from the Aqueduct of the La Ribera District, which means that for several years the housing development of the canton would be limited to that district only.
9.—That in response to an inquiry from some developers regarding the position of the Municipality of Belén concerning the alternative of addressing the non-availability of water from the Municipal Aqueduct with the construction, operation, and maintenance of a well by an ASADA (Administrative Association of Aqueduct and Sewer Systems) of the housing development supplied by that source, the Water Department of MINAE has indicated (IMN-DA-0899-04) that "For cases of wells for population supply purposes..., the applicant company is requested to provide a letter of non-availability of service (whether due to water availability, aqueduct capacity, or infrastructure), from the entity responsible in the sector of the property to be drilled, to justify the possible permit; ..." 10.—That based on this opinion, the Legal Directorate of the Municipality of Belén, in Official Communication DJ-177-2004, concludes that "On this particular matter, it is clear that in accordance with the existing regulations for this Municipality, the 'Annual Urban Growth Regulation in the canton of Belén' published in the Official Gazette La Gaceta No. 162 of August 25, 2003, is applicable to a developer, which in their particular case could imply the refusal of the availability of potable water for their project, as the annual rate for those purposes has been exhausted, under the terms of such regulation.
The foregoing could mean placing the developer before a drilling and concession procedure, as the case may be, before the Water Department of the Ministry of Environment and Energy, without said entity having technical and legal arguments to deny it." 11.—That while it is true the approved Annual Urban Growth Regulation Policy in the canton of Belén seeks proportionality and gradualness in housing growth, the first aspect is not being fulfilled, and quite the contrary, there seems to be an inequity and inequality in the right of citizens to exercise their legitimate right to develop their real property, which is not the principle of the cited Policy.
12.—That the Works Commission, by virtue of this disproportionality in the canton's housing development and in order to establish a proportionate and comprehensive Urban Growth Regulation Policy for Belén, is presenting for the Municipal Council's consideration the following modifications to the current Annual Urban Growth Regulation Policy in the canton of Belén, in order to achieve housing development in accordance with the interests of the entire canton.
It is agreed unanimously:
First: to endorse the Opinion of the Works Commission to modify the Annual Urban Growth Regulation Policy in the canton of Belén, approved in Ordinary Session No. 50 of July 15, 2003, article 20, and published in the Official Gazette La Gaceta No. 162 of August 25, 2003.
Second: To nullify the section called "Procedure" of point "First" of the agreement of Ordinary Session No. 50 of July 15, 2003, article 20, and replace it with the following text:
Procedure:
- a)The control of urban growth and authorizations for new housing developments shall be established through the authorization of water-connection availability (disponibilidad de pajas de agua) for each project or stage thereof, until the Municipality of Belén establishes more variables in its Regulatory Plan Regulations.
- b)The Municipality shall issue water availability to housing developments whose demand is less than or equal to 40 (forty) water connections (pajas de agua) annually.
- c)Authorizations for housing developments or stages thereof that exceed more than 40 (forty) housing units to be counted in subdivisions (urbanizaciones) and condominium branches (filiales de condominios), must be proposed to the Municipal Council by the Developer, indicating the works that guarantee a minimum urban environmental impact. The proposals must guarantee water supply for current and future users in the sector, treatment of black and gray water, systems for the conduction and buffering of stormwater before being discharged into channels that cause downstream flooding, actions regarding road expansion and signaling, as well as other structural actions that ensure orderly and proportionate urban development; a set of matters that must be endorsed by the Municipal Council.
Third: The application of any developer subject to the Annual Urban Growth Regulation Policy in Belén shall be subject to the single qualification principle provided for in Article 6 of the Law for the Protection of Citizens from Excessive Requirements and Administrative Procedures, Law number 8220, of March 11, 2002.
Belén, June 16, 2004.