The purpose and intent of this Article is to establish the procedures for review and approval of proposed subdivisions and plats within the City of Cape Coral in accordance with F.S. Ch. 177, Part 1, the City of Cape Coral Technical Requirements for Plat Approval, and this Code.

A.

Applicability. This Section shall apply to any subdivision or re-subdivision of land in the City.

1.

No subdivision shall be platted or recorded, no lot shall be sold, and no building or development permit be issued unless the subdivision meets all applicable laws of the state, this code, and has been approved by the City in accordance with the requirements of this Article.

2.

This section shall not apply to any land forming part of a subdivision created and recorded prior to effective date of the ordinance from which this article is derived, but it shall apply to any re-subdividing (replats) of previously approved subdivisions and all new subdivisions.

3.

It is not intended by the provisions of these regulations to repeal, abrogate, annul, or in any way impair or interfere with private restrictions placed upon property by deed, covenant, or private agreement, except that where this article imposes higher standards than imposed by such deeds, covenants, or private agreements then the provisions of this article shall apply. The City shall not be responsible for enforcement of such deeds, covenants, or agreements.

B.

Unless otherwise exempt from this Section or approved as a lot split, all subdivision of land is subject to a three-step review process consisting of:

1.

Preliminary Subdivision Plan (PSP) approval;

2.

Subdivision Construction Plan (SCP) approval; and

3.

Plat approval and recording.

C.

PSP approval is optional for lot splits and those projects in compliance with zoning regulations. SCP approval is required prior to Plat approval.

A.

All division of land in the city shall occur only as a new subdivision plat, a replat, or a lot split. The requirements for lot splits are set forth in Article 3, Chapter 3, Section 3.3.4.

B.

No lot split shall be recognized by the city, no lot that is part of a lot split shall be sold, and no building permit shall be issued unless the lot split has been approved by the city prior to recording in accordance with the requirements of Article 3, Chapter 3, Section 4.

C.

A PSP depicts the proposed subdivision layout and the preliminary design of any required improvements which may include off-site improvements. A Preliminary Subdivision Plan is an administrative approval, pursuant to Article 3 of this Code.

D.

Following PSP approval, applicants may then seek approval of the SCP and Plat.

E.

The SCP shall depict the detailed engineering and construction plans to develop a subdivision and all required improvements, in accordance with the approved PSP.

F.

Subdivisions may be approved for phased development. Phasing must be shown on the PSP.

G.

An application for Plat review shall not be submitted prior to application for SCP approval. The applications may be submitted concurrently.

H.

Electronic file. In addition to any hard copies that may be required all PSPs, SCPs, and Plats shall submitted as electronic files in a format acceptable to the city.

I.

No plat or replat of any subdivision shall be recorded in the office of the Lee County Clerk until the plat has been duly approved by the Development Services Director in the manner prescribed herein.

J.

All plats approved by the Development Services Director shall be recorded by the developer at the Lee County Clerk of Circuit Court within 20 business days of receiving the approved plat from the city.

K.

Employment of engineers, surveyors, and other design consultants. A professional engineer licensed in the State of Florida shall prepare the respective plans to be included in all applications for approval. The engineer shall design all required improvements such as streets, drainage systems, water and sewage facilities, etc. Plats shall be prepared by a professional surveyor and mapper licensed in the State of Florida. All plans, drawings, reports, and calculations shall be prepared, signed, and sealed by the appropriate licensed professional, such as engineers, architects, landscape architects, land surveyors, and attorneys registered in the state. Other specialized consultants, such as environmental consultants, structural engineers, archaeologists, etc., may be required to assist in the preparation of the plans, drawings, reports, and other documents required as application submittals.

L.

It shall be unlawful for the owner or agent of the owner of any land in the city to transfer, sell, or convey land by reference to, exhibition of, or other use of a plat of a subdivision of such land without having recorded an approved plat with the Lee County Clerk as required herein. If such unlawful use is made of a plat before it is properly approved and recorded, the owner or agent shall be guilty of a misdemeanor of the first degree, punishable as provided in F.S. § 665.083 or F.S. § 775.082. Provided, however, that nothing herein shall affect the validity of transfers on sales of interests in property.

(Ord. 51-25, § 2, 11-19-2025)

A.

Purpose and intent. The purpose of Preliminary Subdivision Plan approval is to help prevent unnecessary and costly revisions during the Subdivision Construction Plan and Plat preparation stage of the subdivision development process. The Preliminary Subdivision Plan depicts the proposed subdivision layout and preliminary design of the proposed improvements in sufficient detail in order that it may be evaluated and granted preliminary approval pursuant to this Code.

B.

Review Process.

1.

Applications for a Preliminary Subdivision Plan approval are reviewed in the same manner as administrative approvals, as established in Article 3 of this Code.

2.

All applications must be prepared by a Florida registered professional engineer and shall be submitted on forms provided by the Director.

C.

Expiration. The PSP approval shall expire and be of no further force and effect if a completed application for SCP approval is not filed within two years of PSP approval. After expiration of two years, the applicant will be required to re-submit the PSP for review and approval as set forth in this Article. Applicants may apply for an extension prior to the expiration date. The applicant shall demonstrate good cause for the extension. The Community Development Director may extend the approval period up to twelve (12) months if the applicant has progressed in good faith toward the implementation of the subdivision. Subdivisions approved in conjunction with a PUD shall be governed by the Master Concept Plan (MCP)( and any, phasing, conditions, or requirements of the PUD.

A.

Application required. The applicant shall submit Subdivision Construction Plans for the required subdivision improvements in compliance with the PSP approval or a PUD MCP. No construction shall commence until the applicant has received requisite design approvals, permits, and complied with applicable provisions of this article.

B.

Timing. Applications for SCP approval must be submitted within two years of city approval of the PSP. Applications for approval of subsequent phases, if any, shall occur within 12 months of the issuance of a certification of completion of the previous phase. Failure to submit for SCP approval within a specified amount of time shall require reapplication under the PSP requirements of this Article. Applicants may not apply for SCP approval for any portion of the subdivision that is not to be constructed within the following 12 months. Failure to make application for SCP approval within required time periods may result in revocation of a Preliminary Subdivision Plan, unless the applicant has applied for an extension from the Community Development Director prior to the lapse. The request for the extension must be made prior to the expiration date. The applicant shall demonstrate good cause for the extension. The Community Development Director may extend the prescribed time period up to 12 months if the applicant has progressed in good faith toward the implementation of the PSP.

C.

Review Process. Application review and approval follows the administrative review procedure as established in Sections 3.1.4 through 3.1.8 of Article 3. Specifically, SCP's are reviewed in accordance with Section 3.3.7.

D.

Approval of the SCP. Upon approval of the SCP the developer may proceed with construction in accordance with Section 3.3.7. or the developer may complete the Plat review process for recording the Plat.

E.

When the developer elects to install the subdivision improvements prior to recording of the plat, a Certificate of Completion for the improvements must be obtained in accordance with Section 3.3.7., prior recoding the plat. The final plat shall not be approved by the Director prior to receipt of the Certificate of Completion.

F.

When the developer intends to record the plat prior to installation of the required improvements the developer shall provide assurance of completion of the improvements as approved in the SCP.

1.

Assurance of completion of improvements. Assurance of completion of the subdivision improvements as specified below will be required for all on and off-site improvements, required to support the subdivision. Assurance of completion of the improvements will be required prior to final plat approval. Those subdivision improvements that have been constructed, inspected, and approved by the Development Services Manager through the issuance of a Certificate of Completion may be excluded from the financial assurance provided.

2.

Surety or cash performance bond. Security in the form of a surety or cash performance bond must be posted with the Community Development Department and made payable to the city in an amount equal to 110 percent of the full cost of installing the required improvements approved by the city. If the proposed improvement will not be constructed within one year of issuance of the subdivision infrastructure permit, the amount of the surety or cash performance bond must be increased by ten percent compounded for each year of the life of the surety or bond. Alternatively, the surety or cash performance bond may be renewed annually at 110 percent of the cost of completing the remaining required improvements if approved by the Director. Prior to acceptance, bonds must be reviewed and approved by the City Attorney's Office. Surety instruments will be reviewed and approved in accord with the provisions set forth in City of Cape Coral Technical Requirements for Plat Approval.

3.

Other types of security. The Director may accept letters of credit or escrow account agreements or other forms of security provided that the reasons for not obtaining the bond are stated and the City Attorney approves the document. Review and approval of surety instruments will be in accord with the guidelines set forth in City of Cape Coral Technical Requirements for Plat Approval.

G.

Engineers Opinion of Probable Construction Costs. Cost opinions prepared to determine the amount of the financial surety shall be prepared in accordance with Article 3 of this Code and shall also include the cost of setting all permanent control points (PCPs) required by Section 10.1.7. of this Code.

H.

Phasing. The SCP may contain phases as provided on the PSP or MCP. Each phase of a subdivision shall install all required improvements to support that phase and provide continuation of improvements as may be required from previous phases and for future phases. No phase shall be approved if it is dependent on a future unconstructed phase of the subdivision.

I.

Applicant's failure to complete required improvements.

1.

Failure of applicant to complete required improvements. When a plat has been recorded and the applicant fails to complete the required improvements as required by this article, the city shall require the completion of the required improvements under the financial assurance provided by the Developer. In such case, the city shall call upon the financial surety to secure satisfactory completion of the required improvements. Legal notice of such action shall be deemed to have been duly served upon demand of the Director via certified mail return receipt requested.

2.

In cases where plat has not been recorded. Where an applicant has elected to install the required improvements prior to recording of the plat and fails to complete such improvements within the time limitations of this article, all approvals of the subdivision shall be null and void. No reference shall be made to the plat with respect to the sale of lots or issuance of building permits, unless and until the Developer submits a new application for SCP and Plat approval.

(Ord. 51-25, § 2, 11-19-2025)

A.

Plat approval procedures. Plats must be prepared in accordance with F.S. Ch. 177, Part 1, and the City of Cape Coral Technical Requirements for Plat Approval, which are hereby incorporated by reference. The preliminary plat must be submitted during the SCP review. SCP approval will not be granted prior to approval of the preliminary plat. The Final Plat shall incorporate all changes or modifications resulting from the review of the SCP and any remaining conditions or requirements of the PSP or MCP approval.

B.

Review Process. Application review and approval follows the administrative review procedure as established in Article 3 of this Code.

C.

Supplemental information required for plat review.

1.

Operation and maintenance covenants. Where applicable, a copy of the covenants used for the maintenance and operation of the infrastructure improvements required by this Code including private streets and adjacent drainage, drainage and storm water management systems, utilities, public water and sewage systems, on-site bikeways, on-site pedestrian ways, open space, parks, recreation areas, and buffers. These documents must meet the criteria set forth in the City of Cape Coral Technical Requirements for Plat Approval.

2.

Articles of incorporation and bylaws or other legal documents for assignment of maintenance. The developer must submit a copy of the legal documents creating the legal mechanism to ensure that the drainage system, on-site bikeways, on-site pedestrian ways, roadways and rights-of-way are continuously maintained. These documents must meet the requirements set forth in the City of Cape Coral Technical Requirements for Plat Approval.

D.

After the final plat has been approved and certified by the Community Development Director, the City Surveyor, and the City Attorney that it complies with all applicable requirements of this Code, the Director or his designee shall have approve the plat.

E.

Revisions after final plat approval by the Director and prior to recordation.

1.

Recording information for the property or home owner's association documents may be added to the plat at the time of recording of the documents.

2.

Any other changes, erasures, modifications, or revisions to an approved plat prior to recordation may only be made by the Community Development Director to correct scrivener's errors. No such request shall be considered unless made by the preparer of the plat.

3.

No other changes, erasures, modifications, or revisions may be made to an approved final plat prior to recordation unless a new application and fee are submitted for review and approval.

F.

Approval of the Plat by the city shall not constitute acceptance by the city of the dedication of any public street, other public way, easement, or improvement or the responsibility to construct or maintain any improvements unless so indicated in the dedication on the plat.

G.

Recording. The approved plat shall be recorded with Lee County Clerk of Circuit Court within 20 days of receiving the approved plat from the city. After recordation of the plat, the developer shall provide to the Community Development Director a full size certified copy of the recorded plat.

H.

Building permits. No building permits for residential or residential accessory structures shall be issued until the final plat has been recorded and all subdivision improvements have either been completed or sufficient assurance of completion has been reviewed and approved by the City Attorney.

I.

Phasing. The applicant may construct the proposed development and record plats for any phase approved on the PSP or MCP. The phases shall have been specified on the approved Preliminary Subdivision Plan and shall be of such a size and design that all phases completed at any time can exist independently as a subdivision in complete conformity with the requirements of this article. Any change in the sequence of phases must receive prior approval by the Development Services Manager. If PSP or MCP is phased, the applicant shall have the option of platting one or more of the development phases in a single plat in conformity with all the procedures and requirements of this article.

(Ord. 51-25, § 2, 11-19-2025)

A.

Monumentation. Monuments must be installed in accordance with F.S. § 177.091(9).

1.

Permanent reference monuments. Permanent reference monuments (PRMs) must be placed on the boundary of all subdivisions as required by F.S. Ch. 177, as amended, and approved by a licensed, registered state professional surveyor and mapper.

2.

Monuments must be set in the ground so that the top is flush or no more than one-half foot below the existing ground. Subsurface PRMs must be exposed for inspection when a plat is submitted for review. If development of the subdivision occurs after a plat is reviewed, the PRMs must be raised or lowered to be flush or no more than one-half foot below the finished ground. Subsurface PRMs must be exposed for inspection at the time of final inspection of the development.

B.

Permanent control points. Permanent control points (PCPs) must be installed in accordance with F.S. Ch. 177. When a plat is recorded prior to construction of the subdivision improvements, the PCPs must be set following completion of construction. The surveyor must certify that the PCPs have been set and must record the certification in the official record books of the County.

C.

Streets.

1.

The widths and locations of all public or private streets in a proposed subdivision shall Conform to the City of Cape Coral Engineering Design Standards.

2.

Street extensions.

a.

The street layout of the proposed subdivision shall provide for the continuation or projection of streets already existing in areas adjacent to the area being subdivided unless such continuation or extension is for specific reasons of topography or design.

b.

Where it is necessary for public safety to provide street access to adjoining properties, proposed streets shall be extended by dedication to the boundaries of such properties. Where it is determined necessary for public safety, dead-end streets shall be provided with a temporary turnaround having a radius as specified in the City of Cape Coral Engineering Design Standards.

c.

The street system for the proposed subdivision shall provide for extending existing streets at the same or greater width, but in no case, shall a street extension be of less width than the minimum width required by the City of Cape Coral Engineering Design Standards for a street in its category.

3.

Dedication of right-of-way for new streets.

a.

The dedication of rights-of-way for new streets, measured from lot line to lot line, shall meet the standards specified in the City of Cape Coral Engineering Design Standards.

b.

Dedication of one-half of the rights-of-way for proposed streets along the boundaries of land proposed for subdivision shall be prohibited.

4.

Dedication of right-of-way for existing streets.

a.

Subdivisions platted along existing streets shall dedicate additional rights-of-way if necessary to meet the minimum street width requirements for new streets set forth in the City of Cape Coral Engineering Design Standards.

b.

The entire minimum right-of-way width shall be dedicated where the subdivision is on both sides of an existing street. When the subdivision is located on only one side of an existing street, one-half of the required right-of-way width, measured from the center line of the existing right-of-way or street, as appropriate, shall be dedicated.

5.

Intersections. Intersections shall be designed and spaced as set forth in the City of Cape Coral Engineering Design Standards.

6.

Curves in streets; horizontal and vertical. All curves in streets shall be designed and constructed as set forth in the City of Cape Coral Engineering Design Standards.

7.

Street grades and elevations. Street grades and elevations shall conform to the City of Cape Coral Engineering Design Standards.

8.

Frontage access streets. Where the proposed subdivision abuts upon or contains an existing or proposed arterial street or highway on which traffic volumes and vehicular speeds warrant special safety considerations, the City shall require that frontage access streets be provided in order that no lots will front on such existing or proposed arterial street or highway.

9.

Street jogs. Street jogs must be as set forth in the City of Cape Coral Engineering Design Standards.

10.

Dead-end streets (cul-de-sacs). Cul-de-sacs or dead-end streets must be designed to conform to the City of Cape Coral Engineering Design Standards.

11.

Street names. Proposed streets which are in alignment with other already existing and named streets shall bear the names of such existing streets. The name of a proposed street which is not in alignment with an existing street shall not duplicate the name of any existing street.

12.

Alleys. Alleys may be provided to give access to the rear of all lots used for commercial and industrial purposes. Alleys shall not be provided in residential blocks except in the SC district or in cases where the developer produces evidence of the need for alleys which is satisfactory to the City.

D.

Blocks. Block lengths shall not exceed 1,200 feet or be less than 400 feet, except as approved by the Director.

E.

Lots.

1.

Arrangement. Each lot in a subdivision shall be at right angles to straight street lines and radial to curved street lines.

2.

Dimension and area regulations. Dimension and area regulations for all lots proposed within the subdivision, including the size, shape, width, depth, area, building setback lines, corner lot regulations, yard requirements, off-street parking areas, and minimum lot frontage on public streets shall comply with the zoning district requirements in which the proposed subdivision is located.

F.

Utility and drainage easements.

1.

Utility planning and coordination. To ensure that adequate and properly designed utility easements are provided, developers shall consult with City staff and other appropriate personnel of public utility authorities providing gas, electricity, telephone, water, sewer, or other services of a similar nature before and during the planning and preparation of a Preliminary Subdivision Plan.

2.

Width and location. A 10' public utility easement shall be provided across the front of all lots or parcels and shall be provided along each side of any street right of way or access easement. Where necessary or advisable in the opinion of the City, similar easements shall be provided alongside lot lines or across lots. Easement design should provide clear and orderly alignments from one block to the next and from one development to the next. The easement system should be continuous and well aligned to permit the efficient installation of utility service lines.

3.

Underground wiring and installation. Developers shall contact overhead public utility authorities in the early stages of subdivision planning to determine the procedures for negotiating contracts for all underground utility service.

4.

Storm drainage. Drainage easements shall be sized appropriately for the installation and maintenance of drainage improvements necessary for proper drainage within or through a subdivision.

G.

Street lights. As established in the City of Cape Coral Engineering Design Standards.