Effect of impact fee deferral.
Cape Coral Code of Ordinances § 2-24.45
in effect§ 2-24.45 - Effect of impact fee deferral.
(a) Unless an additional impact fee deferral is approved pursuant to the provisions of Chapter 2, Administration, Article II, Fees, Division 6, Impact Fee Deferrals, any impact fee deferred under this article shall be paid to the city within 36 months from the issuance of the shell building permit or prior to the issuance of any interior completion permits for the subject property, whichever occurs first. The amount of the impact fee(s) shall be at the rate that was in effect when the impact fee(s) were deferred. Nothing in this article shall be construed to prohibit the payment of an impact fee which has been deferred under this article prior to the expiration of the deferral period. No penalty shall be assessed for pre-payment of deferred impact fees.
(b) Deferral of utility capital expansion fees. Utility capital expansion fees are charged based on the size of the meter. For commercial and industrial properties, a building may have only one "master" meter to service all units or each individual unit or tenant space can be individually metered. In the event the building is master metered, the entire utility capital expansion fee must be paid in full no later than the time when the first interior completion permit is issued. If the units are individually metered, deferred utility capital expansion fees become due and payable at the time each interior completion permit is applied for. If the shell building permit application specifies that each unit will be individually metered and the applicant later revises the application to provide for a master meter, then the entire utility capital expansion fee must be paid in full no later than the time when the first interior completion permit is issued.
(c) Deferral of road impact fees. The amount of the road impact fee is based on land use type. In the event of a change of use, redevelopment, or modification of an existing use, § 2-24.26(a)(4) provides that an additional impact fee may be due and will be based upon the net increase in the impact fee for the new use as compared to the previous use. The initial deferred road impact fee shall, therefore, be the minimum amount that is due and an additional impact fee may be due if there is a change of use at the time any interior completion permit is issued.
(Ord. 56-95, 9-27-1995; Ord. 15-09, 4-20-2009)
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_DIV7SHBUIMFEDE_S2-24.45EFIMFEDEFetched: 11/4/2026
