The Application to Encroach into An Upland Canal Right-Of-Way (UPROW) is the City of Cape Coral form a property owner uses to ask permission to place a seawall, an alternative to a vertical bulkhead, or another marine improvement in the canal right-of-way behind their lot. It is one of the Cape Coral permit and approval applications handled by the Department of Development Services, City Planning Division. On FillingPDF you can fill out the form online and download or print the completed PDF; the city publishes the original and receives the application, and you must contact the City Surveyor before you file.
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What is Application to Encroach into An Upland Canal Right-Of-Way (UPROW) – Cape Coral, FL?
The Application to Encroach into An Upland Canal Right-Of-Way (UPROW) is a three-page City of Cape Coral form, issued by the Department of Development Services, City Planning Division, that an owner of property abutting an unexcavated platted waterway right-of-way files to request encroachment into it.
The form identifies the applicant, the abutting property (owner, site address, strap number, unit, block and lot), the legal description of the property and up to three encroachments. The right-of-way is described in the form as an unexcavated platted waterway right-of-way (UPROW) affected by an Agreement. The city's Sample Agreement is attached for reference, and the application checklist refers to Exhibit "A" (a surveyor's sketch and description) and Exhibit "B" (a site plan) of that Agreement. The form points to Section 5.4.8.C of the Land Development Code for more information.
The last page is an acknowledgement form with the owner's signature and a notary block. By signing, the owner acknowledges that any decision on the application is subject to a ten (10) day appeal and authorizes the City of Cape Coral to inspect the property for purposes reasonably related to the application or the permit applied for.
Who needs to file Application to Encroach into An Upland Canal Right-Of-Way (UPROW) – Cape Coral, FL?
The owner of property that abuts the subject canal right-of-way uses this application when they want a seawall, an alternative to a vertical bulkhead, or any marine improvement to be placed in that right-of-way. The checklist requires proof of ownership of the abutting property, and the acknowledgement page is signed and sworn by the owner, whose name is printed on it.
The form does not describe a representative signing for the owner; the owner signs the acknowledgement before a notary public. Anyone who is unsure whether their project needs the application should call the contacts printed on the form: Bill Nix, City Surveyor, at 239-574-0713, the Public Works Department at (239) 574-0733 or the Real Estate Division at (239) 574-0735.
When to file Application to Encroach into An Upland Canal Right-Of-Way (UPROW) – Cape Coral, FL
Before you file anything, contact Bill Nix, City Surveyor, at 239-574-0713 or [email protected] to review the materials your application needs; the form says incomplete applications will not be accepted. The form sets no calendar deadline of its own, so the trigger is your plan to place a seawall, an alternative to a vertical bulkhead or another marine improvement in the canal right-of-way.
Plan the timing of your attachments: the boundary survey and the sketch and description must each be prepared by a Florida-licensed professional surveyor within 1 year of the date of the application. Once the city receives the application it is reviewed for completeness and invoiced, according to the Planning Division's applications page. Any decision on the application is subject to a ten (10) day appeal.
Documents you need
- Completed application form, including the notarized acknowledgement page.
- Proof of ownership of the property abutting the subject canal right-of-way.
- Boundary survey of the abutting property, prepared by a professional surveyor licensed in the State of Florida within 1 year of the date of the application.
- Sketch and description of the boundaries and features of the subject canal right-of-way, prepared by a Florida-licensed professional surveyor within 1 year of the application date (Exhibit "A" in the Agreement).
- Site plan drawn to scale showing the location and dimensions of the proposed seawall, alternative to vertical bulkhead and any marine improvement(s) in the right-of-way (Exhibit "B" in the Agreement).
- Payment of the non-refundable application fee listed on the form; ask the city for the current amount.
How to fill out Application to Encroach into An Upland Canal Right-Of-Way (UPROW) – Cape Coral, FL
Contact the City Surveyor first
Before you fill out the form, call Bill Nix, City Surveyor, at 239-574-0713 or email [email protected] to review the materials your application needs. Leave the Case and Date lines under "For Internal Use Only" blank.
Enter the applicant information
Under APPLICANT INFORMATION, enter your Name, Address, City, State, Zip, Phone and Email.
Describe the abutting property
Under PROPERTY ABUTTING THE CANAL RIGHT-OF-WAY, enter the Owners Name, Site Address, Strap Number, Unit, Block and Lot(s).
Write the legal description
In the LEGAL DESCRIPTION lines, write the legal description of the property that abuts the unexcavated platted waterway right-of-way affected by the Agreement.
Complete lot and plat details
Enter the Lot(s), Block and Subdivision, then the Plat Book and Page(s) where the subdivision is recorded.
List the encroachments
Under ITEMS ENCROACHING INTO THE CANAL RIGHT-OF-WAY, describe each item on the lines Encroachment 1, Encroachment 2 and Encroachment 3, such as the seawall or marine improvement shown on your site plan.
Complete the acknowledgement date and name
On the ACKNOWLEDGEMENT FORM, read the statements, fill in the day, month and year, and print the Owner's Name.
Sign before a notary
Sign as owner and have the notary complete the sworn statement: state, county, physical presence or online notarization, date, identification, expiration date, commission number, stamp, signature and printed name.
Review and download the PDF
Check each entry against your survey and site plan, then download or print the completed PDF from FillingPDF and assemble the package described under How to submit.
How to submit Application to Encroach into An Upland Canal Right-Of-Way (UPROW) – Cape Coral, FL
The form prints no submission instruction of its own. Its header gives the City Planning Division's mailing address, P.O. Box 150027, Cape Coral, FL 33915-0027, and the Planning Division's applications page encourages applicants to submit online through the CSS online portal. Confirm the channel for this application with the City Surveyor before you file.
- First step: contact Bill Nix, City Surveyor, at 239-574-0713 or [email protected] to review your materials.
- Online: the Planning Division encourages submission through the CSS online portal; the applications page lists [email protected] for help with an application.
- Questions about the form: Public Works Department, (239) 574-0733, or Real Estate Division, (239) 574-0735.
Include every item on the checklist: the application, proof of ownership, boundary survey, sketch and description, site plan and the non-refundable application fee. After receipt, the city reviews the application for completeness and invoices it. The city says it will never request payment by electronic funds transfer, wire transfer or third-party payment apps such as Venmo, Cash App, PayPal or Zelle. Ask the city for the current fee amount. FillingPDF lets you fill out and download the PDF; submission follows the city's channels above.
Common mistakes to avoid
- Filing before contacting Bill Nix, City Surveyor; the form says to review the required materials with him first and that incomplete applications will not be accepted.
- Submitting a boundary survey or a sketch and description prepared more than 1 year before the application date.
- Using a surveyor who is not a professional surveyor licensed in the State of Florida.
- Sending a site plan that is not drawn to scale or that omits the location and dimensions of the proposed seawall or marine improvement.
- Leaving out proof of ownership of the property abutting the canal right-of-way.
- Sending the application without the non-refundable application fee, or paying by EFT, wire transfer or a third-party payment app, which the city says it never requests.
- Signing the acknowledgement before meeting the notary; the sworn statement is made before the notary public.
- Writing in the "For Internal Use Only" Case and Date lines at the top of each page.
Frequently asked questions
What is the UPROW application in Cape Coral?
It is the City of Cape Coral's Application to Encroach into An Upland Canal Right-Of-Way (UPROW), used by an owner of abutting property to request placing a seawall, an alternative to a vertical bulkhead or another marine improvement in the canal right-of-way.
Do I need to contact anyone before filing the UPROW application?
Yes. The form says you must contact Bill Nix, City Surveyor, at 239-574-0713 or [email protected] before filing to review the required materials, and that the city will not accept incomplete applications.
What documents go with the UPROW application?
The checklist lists proof of ownership, a boundary survey, a sketch and description of the right-of-way, a scaled site plan and the application fee. Both surveyor documents must be prepared by a Florida-licensed professional surveyor within 1 year of the application date.
Is there a fee for the Cape Coral UPROW application?
Yes. The form lists a non-refundable application fee. Ask the city for the current amount. The Planning Division says it never requests payment by EFT, wire transfer or third-party apps such as Venmo, Cash App, PayPal or Zelle.
Does the UPROW application have to be notarized?
The acknowledgement page includes a notary block for a sworn statement, by physical presence or online notarization. The owner signs and prints their name there, and the notary completes the rest of the block.
Can I appeal a decision on the UPROW application?
The acknowledgement page states that any decision rendered on the application is subject to a ten (10) day appeal. Contact the City Planning Division for how to file one.
Can I fill out the Cape Coral UPROW application online?
You can complete the PDF online on FillingPDF and download or print it. FillingPDF does not file the application: you submit it through the city's channels after contacting the City Surveyor, and the Planning Division encourages use of its CSS online portal.
Who do I call with questions about the UPROW form?
The form lists the Public Works Department at (239) 574-0733 and the Real Estate Division at (239) 574-0735, plus Bill Nix, City Surveyor, at 239-574-0713 for the materials review.
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