Because as of today's date a large part of the necessary infrastructure for the distribution of drinking water in the Cantons of Moravia and Escazú has been built, and having the technical valuation of supply sources, it is considered timely and convenient to partially eliminate the restriction indicated in the previous article, as shown in the tables of Anexo 1, IT IS APPROPRIATE TO MODIFY the zoning for the granting of water availability certificates, according to the limits shown in the plans of Anexo 2. Therefore, Pursuant to the considerations set forth and based on articles 6º, 11, 18, 21, 33, 45, 50, 69, 89, 188, 128, 129, of the Political Constitution; 1º, 2º, 8º, 264 to 278, 285 to 321 of the General Health Law No. 5395 of October 30, 1973; Articles 17, 33 and concordant of the Water Law No. 276 of August 27, 1942; General Law of Drinking Water No. 1634 of September 18, 1953, Article 4º of the Ley Forestal; Article 132 of the Wildlife Law; Articles 4º and 5º of Law 6622 of August 27, 1981; Articles 38 to 40 of the Urban Planning Law, Articles 1º, 2º, 3º, 4º, 5º, 11, 21, 22, 23 and 26 of the Constitutive Law of Instituto Costarricense de Acueductos y Alcantarillados and Article 4º of Regulation 30413-MP-MINAE-S-MEIC (Sectoral Regulation for the Regulation of Aqueduct and Sanitary Sewer Services), the agreements: AN-2001-137 of regular session 2001-035, of May 23, 2001, agreement 2003-102 of regular session, 2003-022 of March 19, 2003 and agreement No. 2003-178, session No. 2003-037 regular, of the Board of Directors of AyA, dated 05-21-2003, are modified, this Board of Directors approving the following zoning for the granting of water availability certificates:
Area No. 1 Comprises the sectors of the western part of the Central and San Rafael districts of Escazú, below the 1100 masl contour line to the northwest of the Quebrada Jaboncillo.
The restrictions established in Board of Directors Agreement of AyA 137-2001 AN are totally eliminated.
The granting of water availability for single-family housing, condominiums, apartments and new subdivisions (fraccionamientos), may be subject to the construction of new supply infrastructure to be installed by the interested parties, should this be required.
Area No. 2: Escazú Comprises the Carrizal sector of the Central district of Escazú, located between the Quebradas Jaboncillo and Quebrada Convento, below the 1115 masl contour line.
The restrictions established in Board of Directors Agreement of AyA 137-2001 AN are totally eliminated.
The granting of water availability for single-family housing, condominiums, apartments and new subdivisions (fraccionamientos), may be subject to the construction of new supply infrastructure to be installed by the interested parties, should this be required.
Area No. 3: Escazú Comprises the Alto Carrizal sector of the Central district of Escazú, to the north of the Quebrada Carrizal, below the 1300 masl contour line.
Remains with the following restrictions:
Drinking water availability is granted, only for single-family housing of a residential type, on existing lots or parcels and in new subdivisions (fraccionamientos) with frontage on a current public street; and that also has a water supply pipe. Drinking water availability will not be given for subdivisions (fraccionamientos) without frontage on a public street; for condominiums, for housing developments (urbanizaciones) nor for apartment buildings.
The foregoing is because although in the sector there are supply sources and hydraulic infrastructure for drinking water supply, this has limited capacity, only to support the water supply to current users and for minimal vegetative growth.
Area No. 4: Escazú Comprises the sectors of Perú, Santa Eduviges, Profesores, Liceo Escazú and Belohorizonte, north of the San Antonio district of Escazú, located below the 1150 masl contour line.
The restrictions established in the Board of Directors Agreement of AyA 137-2001 AN are totally eliminated.
The granting of water availability for single-family housing, condominiums, apartments and new subdivisions (fraccionamientos), may be subject to the construction of new supply infrastructure to be installed by the interested parties, should this be required.
Area No. 5: Escazú Comprises the upper Belohorizonte sector, east of the Río Agres, and below the 1200 masl contour line.
The restrictions established in Board of Directors Agreement of AyA 137-2001 AN are totally eliminated.
The granting of water availability for single-family housing, condominiums, apartments and new subdivisions (fraccionamientos), may be subject to the construction of new supply infrastructure to be installed by the interested parties, should this be required.
Area No. 6: Escazú Comprises the sectors of Entierrillos, Santa Teresa, la Avellana and Masilla, east of the Quebrada Cruz and west of the Río Agres, and below the 1225 masl contour line.
The restrictions established in Board of Directors Agreement of AyA 137-2001 AN are totally eliminated.
The granting of water availability for single-family housing, condominiums, apartments and new subdivisions (fraccionamientos), may be subject to the construction of new supply infrastructure to be installed by the interested parties, should this be required.
Area No. 7: Escazú Comprises the sectors of Chirca and Vistas de Oro, east of the Quebrada Carrizal and west of the Quebrada Cruz, and below the 1200 masl contour line.
The restrictions established in Board of Directors Agreement of AyA 137-2001 AN are totally eliminated.
The granting of water availability for single-family housing, condominiums, apartments and new subdivisions (fraccionamientos), may be subject to the construction of new supply infrastructure to be installed by the interested parties, should this be required.
Area No. 8: Escazú Comprises the sectors of the central quadrant of San Antonio, and Sabanilla of the district of San Antonio, east of the Quebrada Cruz and west of the Río Agres, and below the 1260 masl contour line.
The restrictions established in Board of Directors Agreement of AyA 137-2001 AN are totally eliminated.
The granting of water availability for single-family housing, condominiums, apartments and new subdivisions (fraccionamientos), may be subject to the construction of new supply infrastructure to be installed by the interested parties, should this be required.
Area No. 9: Escazú Comprises the sectors of Bebedero, La Mina, La Muta, El Carmen, Chiverral, Cuesta Grande, Calle Naranjo, Lajas, Hoja Blanca El Curio, Torrotillo, Salitrillos, El Pedrero, Tejarcillos of the district of San Antonio. (see plan).
Remains with the following restrictions:
Drinking water availability is granted, only for single-family housing of a residential type, on existing lots or parcels and in new subdivisions (fraccionamientos) with frontage on a current public street; and that also has a water supply pipe. Drinking water availability will not be given for subdivisions (fraccionamientos) without frontage on a public street; for condominiums, for housing developments (urbanizaciones) nor for apartment buildings.
The foregoing is because although in the sector there are supply sources and hydraulic infrastructure for drinking water supply, this has limited capacity, only to support the water supply to current users and for minimal vegetative growth.
Area No. 10: Escazú Comprises the sectors to the northwest of the district of San Antonio, above the 1200 masl contour line. (See Plan).
Remains with the following restrictions:
Drinking water availability must not be granted, not even for single-family dwellings, because due to the topographic elevation and because there are no supply sources and hydraulic infrastructure for drinking water supply sufficient for the water supply to new users. The current system in this sector is currently highly deficient.
Area No. 11: Escazú Comprises the sectors to the south of the district of San Antonio, above the 1300 masl contour line. (See Plan).
Remains with the following restrictions:
Drinking water availability must not be granted, not even for single-family dwellings, because due to the topographic elevation and because there are no supply sources and hydraulic infrastructure for drinking water supply sufficient for the water supply to new users. The current system in this sector is currently highly deficient.
Area No. 12: Escazú Comprises the sectors of Alto Raicero and Alto Granadilla, west of the Central district of Escazú, above the 1100 masl contour line.
Remains with the following restrictions:
Drinking water availability must not be granted, not even for single-family dwellings, because due to the topographic elevation and because there are no supply sources and hydraulic infrastructure for drinking water supply sufficient for the water supply to new users. The current system in this sector is currently highly deficient.
Area No. 13: Moravia Comprises the sectors of La Trinidad, Guayabal, El Moral, La Colonia and El Rosal, of the district of La Trinidad, located south of the Quebrada San Francisco.
Remains with the following restrictions:
The restrictions established in the Board of Directors Agreement of AyA 137-2001 AN are totally eliminated. The granting of water availability for single-family housing, condominiums, apartments and new subdivisions (fraccionamientos), may be subject to the construction of new supply infrastructure to be installed by the interested parties, should this be required.
Area No. 14: Moravia Comprises the sectors of Alto de La Trinidad, Los Sitios, Los Tanques, El Ruano, La Villa, Unemopt, El Níspero, of the district of La Trinidad, located north of the Quebrada San Francisco.
Remains with the following restrictions:
Drinking water availability is granted, only for single-family housing of a residential type, on existing lots or parcels and in new subdivisions (fraccionamientos) with frontage on a current public street; and that also has a water supply pipe. Drinking water availability will not be given for subdivisions (fraccionamientos) without frontage on a public street; for condominiums, for housing developments (urbanizaciones) nor for apartment buildings.
The foregoing is because although in the sector there are supply sources and hydraulic infrastructure for drinking water supply, this has limited capacity, only to support the water supply to current users and for minimal vegetative growth.
The elimination of the restrictions established in Board of Directors Agreement of AyA 137-2001 AN, is subject to the development of the necessary infrastructure, currently under construction, corresponding to the Platanares tank, and to some pipe sections.
Area No. 15: Moravia Comprises all sectors supplied by AyA in the district of San Jerónimo.
Remains with the following restrictions:
Drinking water availability is granted, only for single-family housing of a residential type, on existing lots or parcels and in new subdivisions (fraccionamientos) with frontage on a current public street; and that also has a water supply pipe. Drinking water availability will not be given for subdivisions (fraccionamientos) without frontage on a public street; for condominiums, for housing developments (urbanizaciones) nor for apartment buildings.
The foregoing is because for this sector the current supply sources and hydraulic infrastructure for drinking water supply, have extremely limited capacity, only to support the water supply to current users and for minimal vegetative growth. Currently, the water supply is deficient.
The previous restrictions must be maintained, even with the development of the new infrastructure, currently in the construction process, such as the expansion of the San Jerónimo water treatment plant, the Platanares tank and the Platanares pumping station.
Firm agreement.
Agreement No. 2005-1012, adopted by the Board of Directors of the Instituto Costarricense de Acueductos y Alcantarillados, in item e), of ordinary session No. 2005-075, held on December 6, 2005.