Said activities must be governed by the simplified procedure established by SETENA.
Individuals or legal entities owning tourist docks that were built before 2006 or that are in operation under documents granted by State institutions may begin or continue the process of granting the concession and the respective operating permit, in accordance with the simplified procedure that will allow them to bring the installations into compliance under the protection of the Ley de Concesión y Operación de Marinas y Atracaderos Turísticos, Law No. 7744 of December 19, 1997, and its amendments (hereinafter Law 7744), by completing the consultations and procedures before CIMAT and the administering entity of the territory they occupy.
In order to guarantee comfortable and safe facilities for tourists, CIMAT, by means of the initial consultation, shall inform all those owners of facilities that were registered in the survey carried out in 2006 of the technical and legal aspects necessary that they must present in the technical feasibility stage, which incorporates an improvement plan to be executed once the concession is obtained.
In the Initial Consultation, CIMAT shall coordinate a visit with the interested parties in order to explain to them the procedures to follow for the legalization of the dock. The initial consultation request form shall be completed and signed in accordance with the form provided and guided by CIMAT. For this procedure, it shall have a period of 20 working days, indicating the technical aspects that the interested party must present as part of the dock improvement plan.
Once the Initial Consultation is resolved, the interested party must submit the following documentation to CIMAT in order to obtain the technical feasibility of the dock:
A. Formal application form signed by the interested party. If the applicant is a legal entity, its legal capacity shall be verified by the Administration.
B. Documents and plans of the dock.
B.1 Detailed description of the existing dock, referencing the facilities, services it provides, and the number and type of vessels.
B.2 Improvement plan that includes an execution schedule for the works and corresponding procedures, with the timeframes for each of them, B.3 Geographic location of the existing dock, on a cartographic sheet from the Instituto Geográfico Nacional at a scale of 1:50000 and its indication in official coordinates.
B.4 A set of plans, signed by a responsible professional and registered with the Colegio Federado de Ingenieros y Arquitectos, where all existing works are clearly located, described, and detailed, both in the water zone (works for docking and mooring vessels) and on land (public access, parking area, sanitary installation for public use, wastewater and solid waste treatment system, means for hauling out and launching, any other existing building). In addition to any work contemplated in the Improvement Plan.
B.5 Survey Plan of the area to be requested in concession, as required by the Subdirección Catastral of the Registro Inmobiliario.
B.6 Indicate if it has electrical power availability, which shall be verified by the Administration with the institution responsible for supplying the service in the area.
B.7 Indicate if it has potable water availability, which shall be verified by the Administration with the institution responsible for supplying the service in the area.
B.8 The Administration shall verify with the Programa Marino Costero of SINAC that there are no coral ecosystems within the area to be requested in concession.
B.9. Affidavit of the value of the existing and new works cited in the improvement plan.
C. Environmental Feasibility through the presentation of the Environmental Diagnosis Study Instrument (Estudio de Diagnóstico Ambiental, EDA) with the requirements established in articles 4 to 8 and Annex I of the "Reglamento de estudios de diagnóstico ambiental (EDA) y reforma al artículo 81 del Reglamento a la Ley de Biodiversidad, Executive Decree No. 34433-MINAE, of March 11, 2008"; Executive Decree No. 42837 of January 22, 2021, published in Official Gazette La Gaceta No. 52 of March 16, 2021. According to the "Reglamento para el funcionamiento y utilización de la plataforma digital para gestiones y procesos de la Secretaría Técnica Nacional Ambiental y de la Dirección de Geología y Minas", Executive Decree No. 41664 of March 8, 2019, published in Official Gazette La Gaceta No. 110 of June 13, 2019, Scope 132, the presentation of instruments before this Secretariat must be in digital format, and signed by the developer (proponent) and the environmental consultant, for which the SETENA digital file platform must be accessed: https://tramites.setena.go.cr/ D. Photographic record of the existing facilities.
The interested party must submit the documents in digital PDF format to the email address: [email protected] CIMAT shall verify that the interested party is up to date with the payment of employer-worker contributions to the Caja Costarricense del Seguro Social, FODESAF, and the payment of taxes on Legal Entities. Likewise, it shall conduct consultations to determine if the area under concession request is located in State Natural Heritage zones.
In the event that the request is for the legalization of a dock located in navigable lakes, rivers, canals, and reservoirs, CIMAT must coordinate with the administering entity thereof and shall inform the interested party of the results obtained.
CIMAT shall have a period of thirty working days, extendable for an equal period only once, counted from the day following the receipt of all required documents, to mandatorily, expressly, and with reasoning, approve or reject the Technical Feasibility application being processed.
Within the first fifteen working days, the CIMAT Technical Unit may request clarifications and additions that it deems technically necessary, with their respective justification.
For this, the interested party shall have a period of fifteen working days, extendable for an equal period only once, to comply with CIMAT's requirements. Once these are submitted as requested, and environmental feasibility is obtained according to the simplified procedure established by SETENA, the Executive Directorate shall elevate the case to the Executive Board for its knowledge and approval of the dock's Technical Feasibility. CIMAT shall have the remaining period to notify the resolution to the interested party at the designated means.
For the granting and registration of the concession contract, upon notification of the favorable administrative resolution on CIMAT's Technical Feasibility, the interested party must submit to the respective Authority, as appropriate, the concession application for the dock together with all the requirements listed in subsections a) and b) of Article 8 of Law 7744.
For the processing of the concession contract, the procedure established in Chapter IV, Section III, Concession Processing, Articles 35, 37, 38, 39, 40, and 41; as well as Section IV, Concession Contract, Article 42, all of the Regulation to Law 7744, must be followed.
For the approval of construction plans, once the concession is granted and registered, if indicated by the CIMAT Resolution, the concessionaire shall have the established period to submit to CIMAT the documents for the plan approval process for the existing works and those defined within the improvement plan, as established in Article 53 of the Regulation.
In the event of not opting for the legalization of the installations, CIMAT must inform the respective Municipality and the Ministry of Health, so that the corresponding sanitary permits and operating licenses can be revoked.
(As added by Article 2 of Executive Decree No. 43751 of October 4, 2022)
FIRST STAGE (TECHNICAL FEASIBILITY) In this stage, the applicant must submit the following in order to receive the technical feasibility of the project from CIMAT:
- a)Economic Profile signed by a professional in Economic Sciences registered with the respective Professional Association, containing:
i. Detailed description of the project.
Description of the services it will provide, in accordance with the provisions of the Ley de Concesión y Operación de marinas y atracaderos turísticos, Law No. 7744 of December 19, 1997, and its amendments (Example: shelter structures, number of mooring and berthing spots, number of dry dock spots, haul-out and launch area, fuel and lubricant stations, vehicle parking), Commercial buildings (restaurants, sale of fishing articles, handicrafts, tourist lodging (according to the Reglamento de Empresas de Hospedaje Turístico), theaters), administrative areas, warehouses, reception, lobby, employee area, and various facilities and services. The description of differentiating aspects considered important to publicize the tourist product that the marina project will offer may be included (Example: If real estate and tourism development is contemplated in the constructions and services).
ii. Market study (preliminary analysis).
Carry out an analysis of the number and type of existing companies in the market (general and direct competition, in accordance with the Planning Unit where the establishment or project is or will be located) that offer services similar to those that the Tourist Marina or Dock will offer, the services they offer, rates, and the service differences that the project will offer compared to existing ones. The following aspects must be considered:
ii a) Vessels currently existing in the sphere of influence of the future facility that do not have a fixed mooring spot. These are mostly motor vessels that, due to their small size, are hauled out on land during periods of non-use.
ii b) Vessels currently existing that are based in other facilities located outside the sphere of influence of the future project and that could change their berthing spot due to various reasons, such as proximity to place of residence, quality of services, etc.
ii c) Vessels that will be generated in the future by the normal growth of the fleet in the area and that will correspond to factors such as population growth, variation in per capita income, revaluation of the coastline, etc. ii d) Vessels generated by the very existence of the facility and derived from greater convenience in vessel maintenance and a growth in nautical enthusiasm in the area.
ii e) Transient vessels based in other national or foreign facilities. iii. Investment structure.
The value of the investment must be estimated, taking into consideration the cost of land (If it is property of the company (private property)), construction costs, value of vessels, equipment, pre-operating expenses, vehicles, working capital, contingencies, and in general, all items directly related to the investment proposal must be considered. The respective budgets must be prepared, especially for quantifying the items: Constructions, equipment, pre-operating expenses.
iv. Sources of financing.
Financing Structure: Identification of the sources of financial resources that will make the investment possible. If financing sources are contemplated, the corresponding amortization and interest tables must be provided (Indicate the credit conditions: Term, grace period, interest rate).
- b)Certification issued by an authorized public accountant regarding the financial capacity of the Company.
SECOND STAGE. (TECHNICAL FEASIBILITY.)
In this stage, the applicant must submit a readjustment for the finalization of the economic profile approved in the technical feasibility for the granting of the concession, including:
- a)Market study (definitive analysis) Carry out an analysis of the number and type of companies existing in the general and direct competition market (in accordance with the Planning Unit where the establishment or project is or will be located) that offer services similar to those that the Marina or Tourist Dock will offer, taking into consideration aspects such as customer profile, services they offer, rates, and the service differences that the project will offer compared to existing ones. Determine the possible segments of the tourist market that will use the facilities to be offered by the marina, identifying the profile of the demand to be captured (Place of residence or origin, type of vessel, income level, and length of stay).
Likewise, "market segmentation variables" must be taken into consideration, according to the project. (Example: Number of tourists existing in the market, competitive supply, average length of stay, average spending level, among others.)
Documentary evidence of the national and international commercial contacts that the company has.
- b)A detailed budget and the projected cash flow The composition of the cost of the items contemplated in the investment structure (Statement of Financial Position) must be explained and detailed, such as: Land, construction costs, value of vessels, equipment, pre-operating expenses, vehicles, working capital, contingencies, and in general, all items directly related to the investment proposal. The respective budgets must be prepared, especially for quantifying the items: Constructions, equipment, pre-operating expenses.
The bases of calculation for the financial projections must be clearly explained, regarding the income items (Methodology and calculation variables, according to the services to be provided, rate calculation, seasonality, occupancy levels, exchange rate, among other variables considered in the calculation of income) and expenses (Methodology and calculation variables for the items) (Example: Salaries, Wages, and social charges), operating and administrative expenses (Costs related to the provision of services), expenses for public services, maintenance, stationery, cleaning expenses, professional services, subscriptions, transportation, fuels, insurance, commissions, depreciation, municipal taxes, payments for services with credit cards, and in general, all direct and indirect expenses directly related to the provision of services (financial expenses).
Quantification of direct employment generation: Detailing positions, and the calculation "tables" for salaries and social charges must be prepared.
Financing Structure: Identification of the sources of financial resources that will make the investment possible. If financing sources are contemplated, the corresponding amortization and interest tables must be provided (Indicate the credit conditions: Term, grace period, interest rate).
Preparation of the Cash Flow (with explanatory notes on the financial and economic assumptions applied) All financial information must be presented in colones.
- c)Work execution schedule signed by the professional responsible for the work, duly registered with the Colegio Federado de Ingenieros y Arquitectos (CFIA), as well as by the representative and legal agent of the company, or by the individual owner of the project.
- d)Demonstrate the financial capacity to develop the project, by means of a letter of intent for the granting of credit issued by the financial entity, public or private, participating in the financing of the work, indicating the amount, the interest rate, the term, and the grace period. In the case of own resources, through audited financial statements of the investor entity.
- e)Simple affidavit stating that it will have trained personnel to operate.
For the second stage, the economic profile is delivered comprehensively, which must include the aspects provided in the first stage and the new requirements of the second, so that the economic profile to process the concession must comply with the following aspects:
- f)Economic Profile signed by a professional in Economic Sciences registered with the respective Professional Association, containing:
i. Detailed description of the project.
ii. Market study (preliminary analysis) iii. Investment structure.
iv. Sources of financing.
v. Detailed budget and projected cash flow vi. Work execution schedule signed by the professional responsible for the work.
- g)Demonstrate the financial capacity to develop the project, by means of a letter of intent for the granting of credit issued by the financial entity, public or private, participating in the financing of the work, indicating the amount, the interest rate, the term, and the grace period. In the case of own resources, through audited financial statements of the investor entity.
- h)Simple affidavit, signed by the general agent of the company, declaring that it will have trained personnel to operate the granted concession.
(As added by Article 2 of Executive Decree No. 43751 of October 4, 2022)
TECHNICAL FEASIBILITY REQUEST EXISTING DOCKS CONSTRUCTION PLANS REQUEST EXISTING DOCKS
(As added by Article 2 of Executive Decree No. 43751 of October 4, 2022)