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Council declines blanket exceptions to PUE rules; allows pool plumbing but not mechanical equipment encroachment
Summary
City staff told the Committee of the Whole on Oct. 15 that final drainage surveys had revealed equipment pads and mechanical units in six‑foot public utility easements (PUEs) on a set of new‑construction sites; staff and council agreed mechanical equipment must be removed from PUEs, while pool plumbing pipe may be treated differently.
Cape Coral staff told the Committee of the Whole on Oct. 15, 2025, that final drainage survey reviews had identified a recurring problem: equipment pads, pool equipment, and in some cases mechanical units were ending up in the six‑foot public utility easement (PUE) along side yards. Staff presented six active projects being held for correction and noted about ten earlier cases had been corrected after staff review.
Deputy Development Services Director Matthew Grenbo explained the technical sequence: initial site plans sometimes showed only an 18‑inch allowable encroachment for stair or hardscape features, but subsequent as‑built surveys revealed multiple equipment pads or plumbing runs inside the PUE. The city tightened the Land Development Code (section 5.1.0.6) earlier in 2025 to clarify that mechanical, electrical and plumbing equipment pads are not permitted to encroach via the administrative deviation process.
Grenbo said staff had identified roughly 15 inquiries at one point and had reduced the number to six outstanding appeals where applicants were asking for staff review. “This is what is holding up this particular project from receiving a certificate of occupancy because they have encroachments with equipment pads, rather than hardscape features,” Grenbo said of one example.
Council discussion and direction
Council members discussed possible approaches. City staff outlined three legal pathways to change treatment of PUEs: (1) request the state fire marshal or state code process to adopt different language; (2) adopt a local ordinance or code amendment when the city adopts the next triannual codes; or (3) use case‑by‑case administrative or legislative remedies with recorded agreements. The city manager proposed limited administrative remedies including recorded disclosures (a recorded “hold harmless” acknowledgement) that would run with the property.
Most council members objected to a blanket carve‑out for mechanical equipment. Several said the PUE is routinely used by multiple city departments and utilities for critical infrastructure (water, sewer, stormwater, electrical) and that allowing mechanical units in the PUE would reduce the utility corridor’s reliability. Council members did express a different view for pool plumbing lines: because piping for pool systems and irrigation commonly crosses the PUE and is already part of standard site construction, council members said staff could treat pool plumbing (underground pipe runs) differently from above‑ground mechanical equipment.
Council direction was to require correction where mechanical equipment and equipment pads encroach into the city’s PUE but to allow staff to treat underground pool plumbing pipe and similar conduit as allowable in the PUE with clearer documentation. Council members also asked staff to improve plan‑review requirements so that future site plans clearly show equipment locations before a permit is issued.
Next steps
Staff will proceed to require removal or relocation of mechanical equipment pads that are now in PUEs, record documentation where staff allows limited exceptions, and return with clear plan‑review language and a process for recorded acknowledgements when appropriate. Staff will also continue outreach to builders, pool and HVAC contractors, and title/real‑estate partners to improve early project disclosure and avoid late‑stage compliance failures.
