Fee imposed; credit; time of payment.
Cape Coral Code of Ordinances § 2-22
in effect§ 2-22 - Fee imposed; credit; time of payment.
(a) There is hereby imposed a utility capital expansion fee based on the equitable portion of the cost of financing, the expansion of utility facilities upon the equivalent single-family residential unit responsible for creating the need for additional system financing.
(b) For existing improved property, the utility capital expansion fee for water, wastewater and/or irrigation service shall be due and payable at the time the building permit is issued.
(c) For new construction in areas where utility service is currently available, the utility capital expansion fee shall be due and payable at the same time the installation fee for the water meter is paid. If sewer service is not available, the fee for wastewater will not be due until the sewer service is extended to the property.
(d) When a structure is moved from one location to another, a utility capital expansion impact fee will be collected for the new location if the structure constitutes one of the land development uses listed in § 2-24.3 below, regardless of whether utility capital expansion impact fees have been paid at the old location, unless the use at the new location is a replacement of an equivalent use. If the structure moved is replaced by an equivalent use, no utility capital expansion impact fee is owed for the replacement use. In every case, the burden of proving past payment of utility capital expansion impact fees or equivalency of use rests with the feepayer.
(e) When property is redeveloped, the amount of utility capacity previously reserved remains with such property. For example, if the amount of reserved capacity needed to serve the redeveloped property is less than or equal to the original capacity reserved to serve the property, then no additional utility expansion impact fees will be due. If the amount of reserved capacity needed to serve the redeveloped property is greater than the original capacity reserved to serve the property, the property will receive a credit towards any additional utilities expansion impact fees due at the city's then current utilities expansion impact fee rate structure, as such is amended from time to time.
(Ord. 41-95, effective 1-1-1996; Ord. 137-04, 11-8-2004) (Ord. 41-95, effective 1-1-1996; Ord. 137-04, 11-8-2004; Ord. 20-20, § 1, 4-27-2020) (Ord. 137-04, 11-8-2004) (Ord. 87-05; 6-13-2005; Ord. 63-80, 10-20-1980; Ord. 53-85, 6-17-1985; Ord. 137-04, 11-8-2004; Ord. 72-11, 11-14-2011)
Source: City of Cape Coral, Florida, Code of Ordinances, City Charter and Land Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/fl/cape_coral/codes/code_of_ordinances?nodeId=CH2AD_ARTIIFE_DIV2UTCAEXFE_S2-22FEIMCRTIPAFetched: 11/4/2026