Sunday, September 28, 2008
Col Conk In Philadelphia
On August 20, 2008, through SCM Job # 0752-2008, the Secretariat of the Municipal Council of San Rafael de Heredia, was agreed to municipal policy that is transcribed below, which referred to the following public agencies: National Institute of Housing and Urban-INVU, National Environmental Technical Secretariat - SETENA, National Ground Water, Irrigation and Drainage - SENARA, Ministry of Health - San Jose, Ministry Environment and Energy-MINAE, Board of Public Service Company of Heredia SA MUNICIPAL POLICIES These were adopted by the City Council that at its Extraordinary Session No.193-2008.
PROPONENT: Yensi Alfaro Hernandez, Diana Delgado Conejo, Henry Chavarria Delgado, Marcos Hernández Ramírez, Soleidae Luna Vargas. The Rulers SECONDARY ALTERNATE: Julian Sanchez Chavarria, 
WHEREAS 
FIRST: That the Constitution of the Republic of Costa Rica, Article 50, states that "The State shall ensure the greatest good of all inhabitants of the country, organizing and promoting production and the fairest distribution of wealth "and that" Everyone has the right to a healthy and ecologically balanced environment. " For his part, Article 46 of the Constitution states that "consumers and users have the right to health protection, environment, safety and economic interests and receive adequate and reliable: the freedom of choice and equal treatment. "
SECOND: That the Environmental Law No. 7554, Article 35 on the creation, preservation, management, development and monitoring of protected areas, indicated as one of its objectives," protect and improve water areas and watersheds, to reduce and avoid the negative impact that can cause poor handling. "
THIRD: That on the other hand, Articles 28 to 31 of the Organic Law of the Environment, mentioned the power to local governments to "define and implement" land management policies, aimed at regulating and promoting human settlements and economic and social activities of the population, as well as the physical space to achieve harmony between greater good of the population, the use of natural resources and environmental conservation. Moreover, in view guidelines for land use and urban development, so as to promote the development and reorganization of cities, through intensive use of urban space in order to free up and conserve resources for other uses or for future residential expansion
FOURTH: That this legal framework is complemented by articles 15 and 21 of the Planning Act, authorizing local governments to plan and control urban development, within the limits of its territorial jurisdiction, through implementation of master plans and related urban development regulations (zoning, subdivision and development, official map, urban renewal and construction), which are essential tools for governing the territory at the local level, which must contain a legal minimum of elements, such as: policy development, study population, land use, circulation study , community services, utilities, housing and urban renewal.
FIVE: In 2005, the Interagency Commission of Micro de Heredia (CIMH) published a proposal for the definition of aquifer protection areas in the upper parts of the watershed of rivers Plums, Segundo, Bermúdez, Tibas and Pará, in order to incorporate these areas to the territorial reorganization plans and the systematic development of processes for monitoring land use in areas of high aquifer vulnerability.
SEVEN: That regular meeting No. 103-2007, on July 9, 2007, the City Council of San Rafael de Heredia agreed not to issue permits for any type of urban development within the territorial jurisdiction of the canton of San Rafael de Heredia, who fall within the area covered by the decree of Act LXV of 1888 July 28, 1888 and proceeded to turn the instructions to the Administration for the Department of Municipal Engineering , apply all that existing legislation on environmental and apply the law as applicable
.
EIGHTH: That the area covered by the Plan GAM is called urban growth area, with more than 44,000 hectares, which has focused on further urban development and physical infrastructure, social and productive country. Includes the four main provinces: Alajuela, Heredia, San José and Cartago. Surrounding this area is the Special Protection Area, a ring of 152,000 acres, which includes national parks, aquifer protection, valuable farmland and an excellent herd of dairy production.
NINTH: That the accelerated growth and rapid Metropolitan conurbation centers not only produced morphological changes and functional bottlenecks, but also affected the efficiency and effectiveness of the administrative structure of the region
TEN: that municipalities are the institutions that are closest to the citizen and constitutionally are responsible for the administration of the interests and cantonal services therefore require Esquena strengthen planning and resource management. This is extremely important at this juncture, given the interest being shown by the Government to allocate more resources for infrastructure canton.
ELEVENTH: That the urban growth turns out to be an inevitable and inherent to human being's own natural desire for progress of a people and its goal of solidarity to achieve a higher quality of life for the greatest number of its members. However,
also be inevitable that this phenomenon occurs in nature impact
is an obligation legal, moral and common interest that development is planned, scheduled and planned so that it can be an orderly, safe, sustainable and therefore with the least possible effect on the environment, so as to achieve the intended progress and development objective, but at the same time ensuring a healthy and ecologically balanced environment for future generations.
THEREFORE
THE CITY COUNCIL OF SAN RAFAEL DE HEREDIA
, AWARE THAT THE BASE SUPPORTING THE RESPONSIBILITY OF LOCAL GOVERNMENTS IN PLANNING, IS CONTAINED, AMONG OTHERS, TO THE CONSTITUTION OF THE REPUBLIC MUNICIPAL CODE, THE ORGANIC LAW OF THE ENVIRONMENT, URBAN PLANNING AND BUILDING AND DECREE MIVAH 25902 - MP-MINAE AGREES: approve the Opinion # 032 - CO-2008, the Work Committee in its entirety.
SECOND: City establishes the following policy for land use planning and sustainable growth in urban developments. Aware of the responsibility of the municipality to make decisions and guide their people towards a genuine local development that meets the necessary conditions of safety, health, comfort and beauty in its roads, buildings and constructions.
THIRD:
Create a mechanism to help prevent runoff potential emergencies in the county of San Rafael de Heredia
, where the Canton river system, part of the basin Tárcoles and the Atlantic and drained by rivers Second, Buri, Pirro, Bermudez, tural, Tibás, Macaroni and Tours and the Downs Shipyard, Turú, Dry, White Earth, as well as channels that are public domain, especially in the north, for which studies should be performed by the respective municipality.
THIRD:
Create a mechanism to help prevent runoff potential emergencies in the county of San Rafael de Heredia
, where the Canton river system, part of the basin Tárcoles and the Atlantic and drained by rivers Second, Buri, Pirro, Bermudez, tural, Tibás, Macaroni and Tours and the Downs Shipyard, Turú, Dry, White Earth, as well as channels that are public domain, especially in the north, for which studies should be performed by the respective municipality.
FOURTH: NO AWARD throughout the territorial jurisdiction of the canton of San Rafael de Heredia, no permission for the development of urbanization, agricultural subdivisions, housing projects,
industrial, hotel, commercial or otherwise, allowed by law, that does not have a technical system dump and / or infiltration of rainwater, where permitted, in a technically and scientifically proven to the satisfaction of the Municipality, mitigate, or infiltrate stormwater reuse these, which result the vent into a river, a stream or a channel of public domain and once the project aims get less water than they currently get, in the absence of the project.
FIFTH: request to manage the development of infrastructure in accordance with the Regulations for the Control Division and National Developments, whose design will be approved and supervised by the Department of Engineering, who will certify their compliance with the technical specifications at the end of the work.
SIXTH: delegate responsibility to managers, for venting and water outlets in all illegal projects have been developed without knowledge of the municipal authority.
SEVEN:
also request that the National Institute of Housing and Urbanism (INVU), the National Environmental Technical Secretariat (SETENA), and other entities, to assess or approve the construction of urban development projects in the aquifer recharge zone of the Region, applied policies on land use in accordance with the order, growth and urban planning, which consider the protection of water resources in this area. EIGHTH: communicate this agreement to the Municipal Mayor, the Department of Engineering, the Department of Real Estate and Land of the municipality, for service and take appropriate steps.
NINTH: Report This according to National Institute of Housing and Urban Development, the Ministry of Environment, the Ministry of Health, the National Environmental Technical Secretariat, to the National Ground Water, Irrigation and Drainage, the Public Service Company Heredia SA
TEN: Municipal
This Policy is effective as of its publication in the Official Gazette.
ELEVEN:
instruct the Clerk of the City Council to publish the agreement in the Official Gazette.
FINALLY APPROVED AGREEMENT.
Five aldermen present, five affirmative votes APPROVED.
Sincerely, CITY COUNCIL
Damaris Ruiz Rojas Secretary
FIFTH: request to manage the development of infrastructure in accordance with the Regulations for the Control Division and National Developments, whose design will be approved and supervised by the Department of Engineering, who will certify their compliance with the technical specifications at the end of the work.
SIXTH: delegate responsibility to managers, for venting and water outlets in all illegal projects have been developed without knowledge of the municipal authority.
SEVEN:
also request that the National Institute of Housing and Urbanism (INVU), the National Environmental Technical Secretariat (SETENA), and other entities, to assess or approve the construction of urban development projects in the aquifer recharge zone of the Region, applied policies on land use in accordance with the order, growth and urban planning, which consider the protection of water resources in this area. EIGHTH: communicate this agreement to the Municipal Mayor, the Department of Engineering, the Department of Real Estate and Land of the municipality, for service and take appropriate steps.
NINTH: Report This according to National Institute of Housing and Urban Development, the Ministry of Environment, the Ministry of Health, the National Environmental Technical Secretariat, to the National Ground Water, Irrigation and Drainage, the Public Service Company Heredia SA
TEN: Municipal
This Policy is effective as of its publication in the Official Gazette.
ELEVEN:
instruct the Clerk of the City Council to publish the agreement in the Official Gazette.
FINALLY APPROVED AGREEMENT.
Five aldermen present, five affirmative votes APPROVED.
Sincerely, CITY COUNCIL
Damaris Ruiz Rojas Secretary
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