- a)To apply for a concession, the fences must be obligatorily rectified so that their adjacency to the Public Zone coincides with the boundary marker line, in addition to removing any building that is within the Public Zone.
- b)For constructions of any type, the following indications must be followed for the project presentation:
- 1)The interested party must submit a Development Project for the concession area 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 (natural or legal persons).
Plan Format according to the Ministry of Health and the Federated College of Engineers and Architects (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.
Consulting Contract signed by the responsible professional.
Cadastral plan of the property.
Plans for the location of the property, its adjacencies, restrictions, and alignments.
Site plan indicating existing and projected installations (by stages, if any).
Floor plans per level, sections, elevations, finishes, cross-sections, details, etc., all properly dimensioned.
Site plan indicating contour lines, stormwater, sewage, and solid waste treatment, pedestrian and vehicular accesses, among others, in addition to all existing and projected constructions indicating development stages.
Site plan and, if necessary, specific plans indicating gardening, landscaping; additionally, if required, the environmental impact caused by the Project must be indicated, along with preventive and corrective works and actions.
Earthworks (movimiento de tierra) and surface treatment in cases where the land's conformation requires it, to avoid problems of landslides (specifically in immediate zones) or seasonal flooding.
Design of the sewage treatment plant and the solid waste disposal system.
Environmental Impact Assessment (Estudio de Impacto Ambiental, EsIA) in accordance with those established by the National Environmental Technical Secretariat (SETENA).
Certificate of potable water availability (according to the requirements of the Development Department - ICT).
- 2)Once the draft project is approved by the ICT, the interested party must prepare the construction plans for the infrastructure works and installations, in which they must comply with the standards established in this regard by the INVU, ICT, and the Ministry of Health. Furthermore, they must submit the EsIA approved by SETENA.
- c)Unless no other alternative exists, the discharge of channeled or piped stormwater onto the beach shall not be permitted. If this is unavoidable, it must be guaranteed that there will be no erosion on the beach as a result of these discharges.
- d)Stormwater drains in general must be directed towards the streams or the green conservation zones.
- e)Wells, if constructed, must be located in sites justified by specialized studies and pertinent approvals.
- f)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 only in zones where this is permissible; retaining walls are excluded from this standard.
- g)No public road may permit the access of motorized vehicles to the beach.
- h)Construction or excavation materials may not be placed or stored in the Public Zone. The extraction of materials shall not be permitted in any area of the Maritime Terrestrial Zone; earthworks (remociones) for construction must be minimal and conveniently redistributed.
- i)Fill works shall not be permitted, and if possible, constructions must be carried out in the dry season to avoid erosion of unstable lands.
- j)For individual or collective sewage systems, the respective designs and infiltration tests must be submitted for the corresponding approval; these must be "clean," within biological standards.
- k)Under no circumstances shall drains be accepted in fill zones near natural watercourses or in the vicinity of the beach.
- L)Those lots that are adjacent to rivers, streams, gullies, or permanent runoffs must present the alignment of the same, issued by the Urbanism Directorate of the INVU, before commencing any construction.
5.6. Implementation Strategy This section gathers the final observations of the present Regulatory Plan proposed for the Maritime Terrestrial Zone of the Tourist Coastal Sector of Las Caletas, Southern Sector.
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, is the responsibility of the Municipality of Osa. The implementation and maintenance of the protection zones is also a task of the municipality; however, these can be given in concession to annual concession applicants, who will be responsible for their care and will guarantee the public use and conservation (conservación) of these lands; the trails 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 installations for permitted tourism uses, these are the competence of the concessionaires once they have fulfilled the requirements established by Law No. 6043 to obtain the respective construction permit.
5.6.2. General Strategy.
Once the Regulatory Plan is approved by the ICT, INVU, and the Municipality of Osa, the latter entity must issue a notification to current concession applicants so they may complete the procedures established by Law No. 6043 to sign the concession contracts.
The concession contracts must include the conditions and timeframes for area development, for which the 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, in order to begin the works, the specific studies derived from the standards established in the Zoning Regulations (Reglamento de Zonificación).
(SINALEVI Note: See Map of the Partial Regulatory Plan for the Las Caletas Beach Coastal Tourism Sector, published in La Gaceta No. 192 of October 6, 2005, page 27).