38171-TUR-MINAE-S-MOPT of October 17, 2013, published in the Official Gazette La Gaceta No. 36 of February 20, 2014, are hereby amended, with the rest of the regulation remaining unchanged, to read as follows:
"Article 2. Definitions.
(.)
- b)Preliminary project (anteproyecto): It is the spatial, technical, and functional proposal that defines the character and identity of a project or work. It must comply with the established needs and with the regulations and regulations in force; furthermore, it includes a preliminary estimate of the cost of the project or work.
Its representation shall be made by means of the necessary graphic and iconographic elements to clearly The preliminary project (anteproyecto) is the result of the analysis of the program of needs for a project or work and the interpretation and incorporation of technical studies into a preliminary approach or scheme for discussion with the client. According to the complexity of the project, the preliminary project (anteproyecto) must present the complete schematic solution thereof, including not only the architectural solution, but also the proposed solutions for the engineering disciplines involved in it.
In the case of construction projects, the preliminary project (anteproyecto) must include, at a minimum: the spatial distribution, shapes, as well as the solutions proposed by the engineering disciplines, geographic location, and the additional necessary information that, according to the complexity and characteristics of the project, is required for its understanding.
- c)Tourist dock (atracadero turístico): functional unit comprising a set of facilities such as fixed or floating docks and other necessary works developed by public entities or the private company, in order to allow the docking and undocking of tourist, recreational, and sports vessels, for the enjoyment and safety of people. The property located on private property, the facilities, ramps, and services may be considered part of a tourist dock (atracadero turístico), designated by its owners to provide services of interest or utility to vessels, their users, or visitors.
(.)
"Article 6. CIMAT shall verify that the area where a marina or tourist dock project is proposed to be developed meets the following general conditions, as applicable:
- a)Having access enabled and in good condition via public land route or access via waterway in case it is an island or an area with difficult or limited access by land route, or both simultaneously, that guarantees the free passage of users and institutions to the marina or tourist dock (atracadero turístico).
- b)Having potable water service, electricity, and solid waste collection.
- c)Having certification of State Natural Heritage (Patrimonio Natural del Estado) issued by SINAC, in cases where applicable.
- d)Not being affected by coral ecosystems.
- e)The docking and maneuvering basins, as well as the access channels, must be designed in accordance with the type of vessels that the Marina or Tourist Dock (Atracadero Turístico) intends to receive and for the levels of safety and operability desired, in order to guarantee stable, comfortable, and reliable operation for users, most of the time possible, according to the needs of the activity.
- f)Having a planning instrument in accordance with the following rules:
i.- If the marina or tourist dock (atracadero turístico) proposal is located in the maritime-terrestrial zone, the sector must have a Coastal Regulatory Plan (Plan Regulador Costero) in force and duly approved by the Costa Rican Tourism Institute and the National Institute of Housing and Urbanism, as provided in article 38 of the Law on the Maritime-Terrestrial Zone, Law No. 6043 of March 2, 1977, and its reforms.
ii.- If the marina or tourist dock (atracadero turístico) proposal is located in an urban coastal zone, the sector must have an Urban Regulatory Plan (Plan Regulador Urbano) in force and duly approved by the Urban Planning Directorate of the National Institute of Housing and Urbanism (INVU), as provided in articles 1, 7, and 10 of the Urban Planning Law, Law No. 4240 of November 15, 1968, and its reforms.
iii.- If the marina or tourist dock (atracadero turístico) proposal is located within the Golfo de Papagayo Tourism Pole (Polo Turístico Golfo de Papagayo) according to article 2 of the Regulatory Law of the Golfo de Papagayo Tourism Pole (Polo Turístico Golfo de Papagayo), Law No. 6758 of June 4, 1982, the sector must be included in the Master Plan of the Golfo de Papagayo Tourism Pole (Polo Turístico Golfo de Papagayo), which CIMAT shall verify ex officio through coordination with the Executive Directorate of the Golfo de Papagayo Tourism Pole (Polo Turístico Golfo de Papagayo).
iv.- If the marina or tourist dock (atracadero turístico) proposal is located within port zones managed by the State or through Public-Private Partnerships, the interested institution must present the preliminary project (anteproyecto) in the technical feasibility (viabilidad técnica) stage, complying with the specific regulations of the port zone and those applicable in matters of territorial planning according to the regulations in force that permit this type of tourism development.
v.- If the marina or tourist dock (atracadero turístico) proposal directly borders legally registered private property extending to the public zone, the planning instrument that shall govern will be the preliminary project (anteproyecto) of the marina or tourist dock, environmentally approved by SETENA and technically by CIMAT, in accordance with Law 7744 and its Regulation. In this case, the areas of private property required for public uses determined by CIMAT must be transferred to the State.
vi.- If the marina or tourist dock (atracadero turístico) proposal borders a maritime-terrestrial zone area that does not have a duly approved coastal regulatory plan, the planning instrument that shall govern will be the preliminary project (anteproyecto) approved environmentally by SETENA and technically by CIMAT, in accordance with Law 7744 and its Regulation.
In the case of docks located on navigable lakes, rivers, reservoirs, and canals, the zone shall meet only the conditions cited in subsections a), b), and c) of this article." "Article 7. To incorporate and encumber privately owned property as part of the tourist dock (atracadero) or marina, it is necessary that its owners expressly accept such encumbrance, which must be incorporated into the site design of the project. The National Registry shall proceed to record the encumbrance of that property at the time of the registry inscription of the respective concession.
In the case provided for in the preceding paragraph, the private property where the public use areas, access roads, and services required by article 3 of the Law that are strictly necessary for the operation of the project are located must be transferred by donation to the State. The transfer by donation must be carried out in accordance with the preliminary project (anteproyecto) of the marina or tourist dock (atracadero) previously approved by CIMAT.
(.)" "Article 11. Tourist marinas and tourist docks (atracaderos turísticos) may subject their facilities both on land and in water to the management regimes that the legal system expressly authorizes; among them, the condominium property regime, in accordance with the Regulation of Law 7933 Regulatory Law on Condominium Property." "Article 12. Every tourist marina must have, at a minimum, the following facilities and services:
- a)Maritime signaling and navigational aids, in accordance with international technical standards, which must be endorsed by the Maritime-Port Division of MOPT.
- b)Facilities distributed per slip for the docking and mooring of vessels that allow serving a minimum number thereof according to each stage of the project. One of the slips may be designated for national vessels requiring passenger boarding and alighting.
- c)Supply of potable water and electricity for vessels requiring it.
- d)Supply of fuel and lubricants, according to the regulations provided by the General Directorate of Hydrocarbons, Transport, and Commercialization of Fuels of MINAE.
- e)General lighting and permanent surveillance in the entire concession area.
- f)Radio communication office to inform about weather conditions and navigation routes in accordance with the National Frequency Plan (PNAF).
- g)Fire-fighting equipment, in accordance with the standards of the Fire Department.
- h)Bathrooms and sanitary facilities separated by sex, complying with the provisions of Law 7600".
- i)Collection, storage, and disposal of solid waste and oils; wastewater treatment system, according to the terms provided for in the environmental impact assessment (evaluación del impacto ambiental) and the legal regulations in force.
- j)Administrative office of the concessionaire, where a registry of users and vessels present in the marina is kept, facilitating the work of the administration itself and of the national authorities.
- k)Insurance policy covering the civil liability of the concessionaire.
- l)Parking spaces for motor vehicles with capacity for its operation.
- m)On-land facilities and services that allow for dry storage of vessels, vessel maintenance, and minor emergency repairs through haul-out and launching means.
- n)A specific physical area for the use of officials from Government institutions with public competencies related to the operational control of the marina, equipped with basic conditions (telephone, computers, and ventilation system to carry out their functions). The costs of maintenance, furnishings and equipment, as well as the cleaning of said area, shall be borne by the concessionaire company.
- ñ)Buildings for commercial activities that facilitate the user and visitor of the marina during their stay, meals, visits to attractions, and acquisition of goods and services they require for the full satisfaction of their needs." (.)
"Article 23. Functions of the Technical Unit (Unidad Técnica): The functions of the Technical Unit (Unidad Técnica) are:
- a)Analyze and issue technical criteria and recommendations on initial consultation (consulta inicial), technical feasibility (viabilidad técnica), preliminary projects (anteproyectos), studies, design reports and plans, reception of works for final projects, as well as major and minor modifications to the project.
- b)Carry out the necessary inspections for the oversight of projects in the stages of studies, construction, and operation, and issue the respective oversight reports. c) Prepare the technical terms for the development of Tourist Marinas and Tourist Docks by means of a manual that provides guidance on the studies and their scope, in addition to preparing guides and forms for conducting visits and inspections at the different stages of the projects.
- d)Grant the approval (visado) of the construction plans so that the developer may continue the procedures before the Construction Project Administrator platform of the Colegio Federado de Ingenieros y de Arquitectos de Costa Rica and subsequently before the Municipality of the corresponding Canton, with the purpose of obtaining the respective construction permits.
- e)Answer inquiries made by the administered parties or interested persons.
- f)Review the construction and operation reports presented by tourist marinas and tourist docks (atracaderos turísticos) and issue the respective technical report.
- g)Review the internal regulations of the marina and tourist dock to issue the technical report.
- h)Review and update necessary regulations and control instruments.
- i)Hold sessions once a week.
- j)Participate in meetings and events related to tourist marinas and tourist docks.
- k)Permanently oversee the granted concessions, by verifying compliance with the commitments assumed by the concessionaires in the technical and normative documents that apply to these projects, for which a specific file must be created, which will be used subsequently in the case of resolving future extension requests, or for the follow-up inherent to the audits." l) Any other established in the Law and this Regulation.
(.)" "Article 28. For the Initial Consultation (Consulta Inicial) procedure for tourist marinas and tourist docks - which is mandatory and has the purpose of guiding the interested party on the physical-environmental studies to be developed based on the specific conditions of the zone that must be provided at the time of their technical feasibility (viabilidad técnica) request and in the subsequent approval of plans -, the person interested in developing the project must present the following to CIMAT:
- a)Formal request signed by the interested party. In the event the applicant is a legal entity, its legal representation status (personería) shall be verified by the Administration. In case of a change in the data indicated for notifications, it must be communicated in writing to CIMAT.
- b)General description of the marina or tourist dock proposal, indicating the intended capacity in docking slips, referring to the number and type of vessels with reference to data on: draft (calado), beam (manga) and length (eslora), and the services to be provided.
- c)Preliminary site design at a scale not greater than 1:2000, signed by a professional in the field and registered with the Colegio Federado de Ingenieros y Arquitectos.
- d)The location of the project, according to the most recent cartographic map sheet published by the Instituto Geográfico Nacional (hereinafter IGN) at a scale of 1:50000, and represented in CRTM-05 projection according to the Decree in force.
The interested party must present the documents in electronic format in PDF and with digital signature." (.)
"Article 29. Once the complete documents for an Initial Consultation (consulta inicial) are received, CIMAT shall proceed with its study and resolution within a maximum period of thirty business days, counted from the business day following the receipt of all documentation and applying the following provisions:
- a)It shall coordinate, together with the interested party, a field visit to the site of interest in order to generate a technical inspection report regarding the observations related to the physical-environmental conditions and public infrastructure of the place. The Technical Unit (Unidad Técnica) may dispense with the field visit when sufficient documented material exists regarding the conditions of the site indicated for development.
- b)It shall verify ex officio through coordination with the competent Conservation Area (Área de Conservación) of the National System of Conservation Areas (SINAC), that the site where the project will be developed is located outside of wilderness areas managed by MINAE and that it is outside of areas classified as State Natural Heritage (Patrimonio Natural de Estado), which have been legally established as such.
- c)It shall notify the interested party of a collegial report in response to the Initial Consultation (consulta inicial).
In the case of the Golfo de Papagayo Tourism Pole Project (Proyecto Polo Turístico Golfo Papagayo) and in navigable lakes, rivers, and reservoirs, CIMAT shall consult the managing entity and inform the interested party of the results obtained.
Solely with respect to the procedure for tourist docks (atracaderos turísticos) located in coastal sectors with natural shelter conditions or in navigable lakes, rivers, reservoirs, and canals, or, by their type of infrastructure or the services to be provided, CIMAT shall indicate as part of its resolution and within the period indicated in this article, the requirements from those listed in article 30 of this regulation that are not technically applicable for the preliminary project (anteproyecto) of the case." "Article 30. Once the Initial Consultation (Consulta Inicial) is resolved, the interested party may present to CIMAT for review and approval the formal request for technical feasibility (viabilidad técnica) along with the following documentation:
- a)Formal request from the interested party with the following detail:
i. General background and applicant data.
ii. Project summary description.
iii. Objectives and scopes.
- b)Preliminary technical studies (characterizing the natural conditions of the site) on:
i. Tides, water levels, and bench marks.
ii. Topography-bathymetry.
iii. Wind conditions, local and deep-water waves.
iv. Currents, erosion, sedimentation, littoral drift, geology - geotechnics.
v. Requirement(s) for breakwaters, recovery fills, and dredging.
vi. Requirements for earthworks (movimientos de tierra) and disposal of waste materials.
The preliminary studies of this stage aim to deliver a general, non-exhaustive description of the natural conditions of the emplacement site, with the maritime and coastal background present in the zone, the natural shelter characteristics against maritime climate, as well as an evaluation of the soil as a supporting medium, in order to technically examine the potential of the site for the project development. This information may be developed from referenced secondary sources, not requiring a rigorous level of precision or accuracy in the results, which will be left for the final studies in the next stage." c) Plans of the preliminary project (anteproyecto): referring to a set of basic plans that must also contain:
i. General plan with the location according to a cartographic map sheet at a scale of 1:50000 available in the geo portal of the National Territorial Information System (SNIT) of the Instituto Geográfico Nacional, always using the official coordinate system in force for Costa Rica and including the project name, the applicant's data, and the sheet index.
ii. Site design detailing: a) land and maritime works, making reference to the facilities mentioned in article 3 of the Law and b) private property to be incorporated in accordance with article 2 of the Law.
iii. Architectural detail of buildings and docking slips in plan, facades including transversal and longitudinal section of the complex.
iv. Topography and bathymetry of the area requested in concession.
v. Fire-fighting infrastructure, according to the parameters of the Cuerpo de Bomberos de Costa Rica.
vi. Sanitary facilities, separated by sex, with accessibility features for persons with disabilities.
Likewise, the location and components of the wastewater treatment system with the setbacks to boundaries, and the conduction and final disposal of the effluent.
vii. Survey plan of the entire area to be requested in concession, where the boundaries must be indicated by means of a route description (derrotero), in accordance with the provisions of the Cadastral Subdirectorate of the Real Property Registry.
viii. Accesses or public and restricted spaces referenced by color.
- d)Technical study demonstrating the absence of coral ecosystems, approved by the Marine Coastal Program of the National System of Conservation Areas (SINAC), an approval that will be requested by CIMAT.
- e)Basic 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. Financing sources.
- f)Certification issued by a certified public accountant regarding the financial capacity of the Company.
- g)Description of solid and liquid waste management.
- h)Potable water availability from the aqueduct administrator or a copy of the water concession (concesión de agua) in the event it comes from a well or a surface source (springs (nacientes), river, stream, lakes).
- i)Electricity availability.
- j)The specific documentation indicated in the initial consultation (consulta inicial) procedure carried out for the project.
The responsible professional is required to adhere, in all works and all stages of the project, to the national technical regulations in force, as well as to the international technical standards used, for which they must indicate the regulations used in each submission. The interested party must present the documents in electronic format in PDF and as indicated in the "Guide for the Presentation of the Economic Profile" of Annex 2 (Anexo 2) of this Regulation." "Article 31. When the responsible professional considers that one or more of the requirements cited in the previous article thirty are not technically applicable for the procedure for marinas and tourist docks (atracaderos turísticos) located in coastal sectors with natural shelter conditions or in the case of tourist docks (atracaderos turísticos) located in navigable lakes, rivers, reservoirs, and canals, or marinas and tourist docks (atracaderos turísticos) that, due to their type of infrastructure or the services to be provided, present particular conditions, they must justify it technically before CIMAT, which shall analyze and resolve it, within the period for technical feasibility (viabilidad técnica) of article 30." "Article 32. CIMAT shall have a period of forty-five business days, extendable for an equal period only once, counted from the business day following the receipt of the request and the requirements established in article 30 of this regulation, to compulsorily, expressly, and with reasons, approve or reject the Technical Feasibility (Viabilidad Técnica) request being processed.
Within the first twenty business days, CIMAT may, only once, give notice to the interested party of the clarifications and additions it considers technically necessary with their respective justification and in order to resolve its procedure. To address said CIMAT notice (prevención), the interested party shall have a period of fifteen business days from the notification thereof, extendable for an equal period and only once, if so requested by the administered party.
Once the observations contained in the aforementioned CIMAT notice (prevención) have been rectified by the interested party, CIMAT shall resolve on the procedure, mentioning the result of the environmental feasibility (viabilidad ambiental) of the project by SETENA. In the event that the technical review by CIMAT is completed and the environmental feasibility (viabilidad ambiental) by SETENA has not yet been obtained, CIMAT shall notify the result of said technical review to the interested party and shall warn them that they may not continue with the concession request procedure before the competent Municipality until the environmental feasibility (viabilidad ambiental) for their Project is obtained." (.)
"Article 43. The Municipality or the ICT, in the case of the Golfo de Papagayo Tourism Pole Project (Proyecto Polo Turístico Golfo Papagayo), may grant the concession for a maximum term of up to forty years and a minimum of fifteen years for marinas, and for a maximum term of up to thirty-five years and a minimum of five years for tourist docks (atracaderos turísticos). The start of the concession term shall be from the signing of the contract.
For setting the concession term, the following parameters shall be taken into account:
- a)Characteristics, technical complexity, and magnitude of the Project.
- b)Total investment amount and demonstrated economic capacity.
- c)Projected investment recovery period, corresponding to the economic profile presented for the technical feasibility (viabilidad técnica)."