a. For constructions of any type, the following indications for submitting the project must be observed:
1. The interested party must submit a Development Project for the area under concession within a period not exceeding twelve months after their concession contract is approved, indicating:
Project Name in accordance with the typology established by the ICT.
Owner's Name (individuals or legal entities).
Plan Format according to the Ministry of Health and the Colegio Federado de Ingenieros y Arquitectos (CFIA).
Name, signature, and registration number of the responsible professionals registered with the CFIA.
Exclusive use of the International System of Weights and Measures.
Exclusive use of the Spanish language.
Consultancy Contract signed by the responsible professional.
Cadastral plan of the property.
Plans indicating the location of the farm, its boundaries, restrictions, alignments.
Site plan indicating existing and projected installations (by stages, if applicable).
Floor plans per level, sections, elevations, finishes, details, etc., all duly dimensioned.
Site plan indicating contour lines, treatment of stormwater, black water, and solid waste, pedestrian and vehicular access, among others, in addition to all existing and projected constructions indicating development stages.
Site plan, and if necessary specific plans, indicating gardening, landscaping; furthermore, if required, the environmental impact caused by the Project and the preventive and corrective works and actions must be indicated.
Movement and treatment of the surface in cases where the conformation of the terrain merits it, to avoid sliding problems (specifically in immediate zones) or seasonal flooding.
Design of the black water treatment plant and the solid waste elimination system.
Environmental Impact Assessment (Estudio de Impacto Ambiental, EsIA) in accordance with those established by the Secretaría Técnica Nacional Ambiental (SETENA).
Letter of potable water availability (according to requirements of the Department of Development-ICT).
2. Once the preliminary project is approved by the ICT, the interested party must prepare the construction plans for the infrastructure works and installations, which must comply with the standards established by INVU, the Instituto Costarricense de Turismo, the Ministry of Health, and the Colegio Federado de Ingenieros y Arquitectos. In addition, they must present the EsIA approved by SETENA. After the approval procedures of the previously mentioned Institutions, the building permits shall be requested from the Municipality of Osa.
a. Unless no other alternative exists, the discharge of channeled or piped stormwater onto the beach is not permitted. If this is unavoidable, it must be guaranteed that there will be no erosion on the beach due to these discharges.
b. Stormwater drainage, in general, must be directed towards streams (quebradas) or green conservation areas.
c. Wells, if constructed, must be located at sites justified through specialized studies and relevant approvals.
d. On the front line of the construction, solid fences with a height greater than 1 m may not be built. Above this height, railings that allow good visibility may be placed; this applies only in zones where this is permissible; retaining walls are excluded from this standard.
e. No public road shall permit motor vehicle access to the beach.
f. Construction or excavation materials may not be placed or stored in the Public Zone. The extraction of materials in any space of the Maritime-Terrestrial Zone is not permitted; removals for construction must be minimal and conveniently redistributed.
g. Fill works are not permitted, and if possible, constructions must be carried out during the dry season to avoid the erosion of unstable terrain.
h. For individual or collective black water systems, the respective designs and infiltration tests must be submitted for the corresponding approval; these must be "clean," within biological standards.
i. Under no circumstances will drainage systems be accepted in fill zones near natural watercourses or in the vicinity of the beach.
j. Those lots that border rivers, streams (quebradas), gullies (cárcavas), or permanent water runoff, must submit their alignment, as given by the Urban Planning Directorate of INVU, before starting any construction.
k. Those sectors with existing constructions located within the Restricted Zone may be granted in concession provided that the use of said installations conforms to the use established in the Regulatory Plan, and furthermore, that there is no express opposition from third parties to their operation and existence.
5.6. Implementation Strategy This section gathers the final observations of the present Regulatory Plan proposed for the Maritime-Terrestrial Zone of the Coastal Sector of Playa Colorada.
These are the broad lines of action for the execution of the Plan, including both institutional and private actions.
5.6.1. Executing Entity The development of infrastructure facilities, namely roads and parking lots, corresponds to the Municipality of Osa. It is also the municipality's task to implement and maintain the protection zones; however, these may be granted in concession to annual concession applicants, who will be responsible for their care and will guarantee the public use and conservation of these lands. The paths (senderos) must be authorized by MINAE, and the lands may revert to the municipality if the guidelines established by this Regulatory Plan for the zone are violated.
Regarding the development of the installations for permitted tourism uses, they are the responsibility of the concessionaires once they have fulfilled the requirements established by Law No. 6043 to obtain the respective building permit.
5.6.2. General Strategy Once the Regulatory Plan is approved by the ICT, INVU, and the Municipality of Osa, this last entity must send a notification to the current concession applicants so that they finalize the procedures established by Law No. 6043 to sign the concession contracts.
The concession contracts must include the conditions and deadlines for the development of the area; for this purpose, infrastructural limitations and the investment possibilities of the applicants must be taken into account.
5.6.3. Specific Studies Once the concession is granted, the applicants must submit, for the purpose of initiating the works, the specific studies derived from the standards established in the zoning regulations.
Ciudad Cortés, December 16, 2004 (Note: Consult the plan of the Regulatory Plan for the Playa Colorado Tourist Coastal Sector in Gaceta No. 69 of April 12, 2005, page 44.)