The Impervious Surface 60-40 Affidavit is the agreement an owner signs so the City of Cape Coral can issue a building permit without requiring compliance with the 60% maximum lot coverage of impervious surfaces in Table 4.1.3.B of the Land Development Code (LDC). The City of Cape Coral Building Division lists it among the Miscellaneous Documents in its Permit Document Center, one of the documents that go with a Cape Coral permit. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the city publishes the original at the link below.
Last updated
What is Impervious Surface 60-40 Affidavit – Cape Coral, FL?
The Impervious Surface 60-40 Affidavit is an agreement, published by the City of Cape Coral, in which a lot's legal owner asks for a building permit without having to meet the 60% maximum lot coverage of impervious surfaces in the Land Development Code (LDC).
The form is headed "City of Cape Coral, Department of Community Development" and "Agreement", and it carries a Building Permit No. line, so it belongs to one specific permit. It cites Table 4.1.3.B, Zoning District Dimensional Standards, which provides that no more than 60% of the lot area consist of impervious surfaces.
By signing, the owner acknowledges that the city is reviewing the maximum impervious surface area to decide whether the LDC should be amended. That review may not be finished when construction is complete, and it may not lead to an amendment. A certificate of occupancy may therefore be delayed until the city determines no amendment will occur, an amendment is adopted, or the maximum lot coverage in Table 4.1.3.B is repealed. If the table is not repealed, the lot must comply with the requirement in the LDC in effect when the building permit was issued before a certificate of occupancy is issued.
The owner also agrees to indemnify and hold the city, its officers, employees and agents harmless from claims for damages, including damages for delay. The city does not guarantee that its review will finish by any date or change the current requirements.
The Permit Document Center also lists a separate Impervious Surface Calculation Sheet; this page covers the affidavit only.
Who needs to file Impervious Surface 60-40 Affidavit – Cape Coral, FL?
The legal owner of a property in Cape Coral who wants the city to issue a building permit without requiring compliance with the 60% maximum lot coverage of impervious surfaces signs this agreement. The form is written for the owner: it opens with "The undersigned, as the legal owner of property described as" and asks for the unit, block and lot and the property address.
Before signing, the owner should be comfortable with what the form states:
- The certificate of occupancy may be delayed, possibly beyond the end of construction.
- The lot must still meet the impervious surface requirement in effect when the building permit was issued, unless Table 4.1.3.B is repealed, before a certificate of occupancy is issued.
- The owner agrees to indemnify and hold the City of Cape Coral harmless from claims, including claims for delay.
- The city does not guarantee when its review of the limit will end or whether it will change the requirement.
The form prints no exclusions and says nothing about someone signing for the owner. It has a notary acknowledgment, so the owner signs in front of a Florida notary. Contact the Building Division if someone other than the owner needs to be involved.
When to file Impervious Surface 60-40 Affidavit – Cape Coral, FL
Complete this agreement when you are asking the City of Cape Coral to issue a building permit for a lot without requiring compliance with the 60% impervious surface limit. The form is tied to a specific permit through the Building Permit No. printed at the top, and it states that the permit is issued in consideration of the owner's agreement.
The form sets no filing deadline of its own. Its timing effect falls later: the certificate of occupancy may be delayed until the city determines no amendment will occur, an amendment is adopted, or Table 4.1.3.B is repealed. The form also says the city cannot guarantee that its review will be complete by any particular date.
The date line and the notary's date are filled in when the owner signs and acknowledges the agreement.
Documents you need
- Identification for the notary, if the notary does not know you personally: the form has lines for "Personally known" or "produced ID" and the type of identification produced.
How to fill out Impervious Surface 60-40 Affidavit – Cape Coral, FL
Enter the building permit number
At the top, write the Building Permit No. of the permit this agreement supports, in the blank after "BUILDING PERMIT NO.".
Describe the property by unit, block, lot
In the opening paragraph, fill the [UNIT], [BLOCK] and [LOT] blanks for the property you own.
Enter the property address
On the "located at" line, write the street address of the property.
Read the agreement terms
Review the paragraphs on the 60% limit in Table 4.1.3.B, the possible delay of the certificate of occupancy, the indemnity and hold-harmless promise, and the city's lack of any review guarantee.
Date the agreement
Enter the date in the Date line, in the month, day and year blanks the form provides.
Sign as the legal owner
The owner signs on the Owner Signature line. Sign in front of the notary when the notary block is completed.
Print your name and address
Enter the owner's printed name, then the mailing address and the city, state and ZIP on the lines below.
Have the notary complete the acknowledgment
The notary fills in the day, month and year, the commission expiration date, and marks "Personally known" or "produced ID" with the type of identification produced.
Review and download the completed PDF
Check the permit number, the property description and the owner details, then download or print the completed PDF from FillingPDF and get it notarized as described under How to submit.
How to submit Impervious Surface 60-40 Affidavit – Cape Coral, FL
The form names no submission channel of its own, so confirm how to deliver it with the City of Cape Coral Building Division. What the form does show is that it is tied to a building permit: the Building Permit No. is printed at the top, and the city lists the document among the Miscellaneous Documents in its Permit Document Center at https://www.capecoral.gov/departments/development_services/permitting_services_division/permit_document_center.php.
Before you deliver it, make sure the owner has signed and that the notary has completed the State of Florida, County of Lee acknowledgment, including the date, the commission expiration and the identification lines. Keep the Building Permit No. filled in so the agreement can be matched to the permit. FillingPDF lets you fill out and download the PDF; submission follows the agency's channels.
Common mistakes to avoid
- Leaving the Building Permit No. blank, so the agreement is not tied to the permit it supports.
- Leaving out the unit, block and lot or the property address that describe the property.
- Signing without completing the notary block; the form includes a State of Florida, County of Lee acknowledgment before a notary public.
- Assuming the agreement removes the limit: before a certificate of occupancy, the lot must meet the requirement in effect when the building permit was issued unless Table 4.1.3.B is repealed.
- Planning a closing or move-in date around the certificate of occupancy; the form says it may be delayed and the city guarantees no review date.
- Having someone other than the legal owner sign as owner; the agreement is written for the legal owner of the property.
- Leaving the printed name, mailing address or city, state and ZIP lines empty beside the owner signature.
Frequently asked questions
What is the Impervious Surface 60-40 Affidavit in Cape Coral?
It is a City of Cape Coral agreement in which the legal owner asks for a building permit without having to meet the 60% maximum lot coverage of impervious surfaces in Table 4.1.3.B of the Land Development Code, and accepts the possible delay of the certificate of occupancy.
Does the form remove the 60% impervious surface limit?
No. It lets the permit be issued without requiring compliance at that time. Before a certificate of occupancy is issued, if Table 4.1.3.B has not been repealed, the lot must meet the requirement in the LDC in effect when the building permit was issued.
Will signing this affidavit delay my certificate of occupancy?
It may. The form says the certificate of occupancy can be delayed until the city determines no amendment will occur, an amendment is adopted, or Table 4.1.3.B is repealed. The city does not guarantee any review completion date.
Does the Impervious Surface 60-40 Affidavit have to be notarized?
The form includes a notary acknowledgment for the State of Florida, County of Lee, with lines for the date, commission expiration and identification. Sign it in front of the notary, and ask the Building Division whether it also requires anything else.
Who signs the Impervious Surface 60-40 Affidavit?
The legal owner of the property signs. The form starts with "the undersigned, as the legal owner" and has an owner signature line, printed name and mailing address. It does not describe anyone else signing for the owner.
Where do I submit the Cape Coral impervious surface affidavit?
The form prints no address or portal. It carries a Building Permit No., so deliver it with that permit through the City of Cape Coral Building Division, and contact the division to confirm how it accepts the document.
Can I fill out the Impervious Surface 60-40 Affidavit online?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file it with the City of Cape Coral; you deliver it through the Building Division's channels.
Ready to fill out Impervious Surface 60-40 Affidavit – Cape Coral, FL?
Fill out Impervious Surface 60-40 Affidavit – Cape Coral, FL now