Indio Municipal Code Ch. 164 Electrical Infrastructure and Development

[Ord. No. 1832, 5-6-2026]

This Chapter 164 shall be known and may be cited as the "City of Indio Electrical Infrastructure Adequacy and Development Standards Ordinance." All references to this Chapter shall encompass the standards set forth herein, along with any technical specifications or administrative regulations adopted by the City to implement these infrastructure requirements.

[Ord. No. 1832, 5-6-2026]

(A) Purpose. The purpose of this Chapter is to establish mandatory Electrical Infrastructure Adequacy Standards for all Development Projects within the City. These standards are intended to ensure that every project provides the physical infrastructure necessary to support its own electrical demand without detrimental impact to the surrounding community or the grid as a whole. The objectives of this Chapter include:

(1) Reliability and safety. Maintaining the integrity of the electrical distribution system to prevent fire hazards, equipment failure, and localized brownouts caused by insufficient infrastructure.

(2) Coordinated planning. Ensuring that substation capacity improvements are identified, planned, and funded in a timely and coordinated manner to support the cumulative growth demands of development projects and to avoid electrical capacity constraints that would delay development, impair public safety, or reduce grid reliability.

(3) Alternative compliance. Providing developers with a voluntary in-lieu fee pathway to satisfy these standards in instances where the City determines that collective system improvements are more efficient than project-specific installations.

(4) General plan implementation. Fulfilling the City's commitment to the Infrastructure and Safety Elements of the General Plan by maintaining a grid capable of supporting planned growth.

(B) Findings. The City Council finds and declares as follows:

(1) Direct impact on substation capacity. Every development project that increases the net new load on the electrical system creates a discrete and quantifiable demand on substation capacity. Because the electrical grid is an interconnected system, this demand is experienced at the substation level regardless of the project's physical location within the service area.

(2) Infrastructure as a prerequisite. Just as the provision of water, sewer, and fire access is a prerequisite for development, the provision of adequate substation capacity is a fundamental development standard necessary to ensure a project is fit for its intended use and occupancy.

(3) Nexus and rough proportionality. There is a direct legal nexus between the approval of a project and the requirement to provide or fund substation capacity to serve that project. Any substation capacity required to be funded or constructed, or any voluntary in-lieu fee paid in the alternative, shall be roughly proportional to the project's specific impact on substation capacity within the system.

(4) Benefits of coordinated improvements. The City Council finds that requiring any individual developer to construct an entire electrical substation as a condition of a single development project is not always feasible and is less efficient than the City or Serving Utility coordinating a larger system capacity improvement serving multiple projects. Therefore, the voluntary payment of an in-lieu fee serves as a valid and efficient alternative to project-specific substation construction.

(5) Utility primacy and tariffs. The City recognizes that the Serving Utility possesses primary jurisdiction over system engineering and tariffs. This Chapter is intended to complement, not conflict with, utility-mandated standards.

[Ord. No. 1832, 5-6-2026]

For purposes of this Chapter, the following definitions apply:

ADEQUATE POINT OF CONNECTION (APOC)

The specific location on the Serving Utility's existing electrical distribution system, as designated by the Serving Utility, that possesses: (1) sufficient thermal capacity; (2) acceptable voltage profile; and (3) appropriate fault-current characteristics to serve the project's net new load without degrading service to existing customers or violating Serving Utility reliability standards.

AREA OF BENEFIT

The entire incorporated limits of the City of Indio. The City of Indio constitutes a single, unified, citywide area of benefit for all purposes of this Chapter. This designation reflects the City Council's finding, set forth in § 164.02(B)(1), that the electrical grid serving Indio is an interconnected system in which every development project's net new load creates a demand on substation capacity that affects the system as a whole, regardless of the project's specific location within the City. No sub-geographic zones, districts, or separate benefit areas shall be established or designated under this Chapter.

DEVELOPMENT PROJECT OR PROJECT

Any activity requiring a discretionary permit, subdivision map, grading permit, or building permit that results in: (1) the creation of net new load; (2) an increase in existing electrical demand; or (3) a physical alteration to a site that necessitates the relocation, protection, or expansion of existing electrical facilities to maintain substation capacity adequacy.

DIRECTOR

The City Manager or designee.

ELECTRICAL INFRASTRUCTURE (OR IMPROVEMENTS)

All physical facilities, equipment, and appurtenances required by the Serving Utility or the City to deliver safe, reliable, and adequate electric service to a development project, or to maintain the capacity and integrity of the electrical grid within the City. This term is used in this Chapter in its broadest sense; however, the City's requirements under this Chapter are expressly limited to eligible improvements, as defined in § 164.03, and do not independently mandate the design, construction, or funding of distribution-level facilities (such as service laterals, conduit runs, or distribution transformers) that are governed by the Serving Utility's tariffs and standard service extension requirements.

ELECTRICAL INFRASTRUCTURE ADEQUACY STANDARDS (STANDARDS)

The City-mandated requirements for the capacity of electrical substation facilities necessary to ensure a project is served by a safe and reliable power source with adequate substation capacity. These standards are a condition of project approval and occupancy.

ELIGIBLE IMPROVEMENTS

Those system capacity improvements, as defined in § 164.03, which the Director determines are necessary to maintain substation capacity adequacy for a Project or the City as a whole. Eligible improvements are limited to substations, substation upgrades, and directly associated sub-transmission connections. Such improvements are eligible for funding via the voluntary in-lieu fee. Distribution-level facilities, including service laterals, distribution transformers, conduit runs, and feeder extensions, are not eligible improvements and shall not be funded through the in-lieu fee program established by this Chapter.

IN-LIEU FEE

A voluntary monetary contribution paid by an applicant, at the applicant's sole election, to satisfy the Infrastructure Adequacy Standards for Eligible Improvements in lieu of the applicant directly funding or constructing said substation improvements. The fee shall be based on a proportionate cost estimate verified by the Director.

NET NEW LOAD

The incremental peak electrical demand, measured in kilovolt-amperes (kVA), attributable to a development project. This is calculated as the total projected demand of the project minus any credit for historically documented demand previously existing on the site, as determined by Serving Utility methods or a City-approved engineering study.

OVERSIZING

The requirement by the City or Serving Utility that an applicant fund or construct a system capacity improvement with total substation capacity in excess of what is strictly necessary to serve the project's net new load alone, in order to accommodate the projected cumulative growth within the City. The oversized portion is defined as the total cost of the improvement minus the applicant's own proportionate fair-share cost based on the project's net new load.

PROPORTIONATE COST ESTIMATE

An analysis prepared or approved by the Director that determines a project's equitable share of the cost of an Eligible Improvement based on the project's net new load as a percentage of the total new substation capacity created, or other objective engineering factors.

SERVING UTILITY

The Imperial Irrigation District (IID) or other utility, as applicable to the project's location.

SYSTEM CAPACITY IMPROVEMENTS

Electrical substations, substation capacity upgrades, and directly associated sub-transmission connections and appurtenances necessary to accommodate the cumulative net new load of development projects and maintain substation capacity adequacy throughout the City. This term does not include distribution-level facilities such as primary feeders, service laterals, distribution transformers, conduit runs, or duct banks, which are governed exclusively by the Serving Utility's tariffs and service extension standards.

[Ord. No. 1832, 5-6-2026]

(A) General Applicability. This Chapter shall apply to all development projects within the City that meet any of the following criteria (the "triggers"):

(1) Load increase. Any project that results in net new load, as defined in § 164.03.

(2) New service. Any project requiring the establishment of a new electrical service account or new physical connection point with the Serving Utility.

(3) Subdivisions. Any project involving a tentative parcel map or tentative tract map, where the creation of new parcels necessitates the future extension of electrical service and creates net new load on the substation system.

(B) Administrative thresholds (de minimis). The Director shall have the authority to establish administrative thresholds below which the standards of this Chapter do not apply. Until such thresholds are established by resolution or administrative regulation, this Chapter shall not apply to:

(1) Minor residential. Residential electrical service upgrades for existing single-family homes that do not exceed a total service capacity of 400 Amps.

(2) Minor Commercial. Interior tenant improvements that do not increase the project's peak demand by more than 10 kVA and do not require any off-site infrastructure work.

(3) No-impact projects. Any project that the Director determines, based on substantial evidence, has a negligible impact on grid adequacy and reliability.

(C) Exemptions. This Chapter shall not apply to:

(1) Emergency work. Immediate repairs required to protect public health and safety or to restore power during an outage.

(2) Maintenance. Routine repair or replacement of existing facilities with functionally equivalent equipment that does not create net new load.

[Ord. No. 1832, 5-6-2026]

An applicant for a development project shall satisfy the Electrical Infrastructure Adequacy Standards of this Chapter by selecting one of the following compliance pathways. The selected pathway shall be documented in the Project's conditions of approval or a formal improvement agreement:

(A) Installation path (standard compliance). The applicant shall design, fund, and directly contribute to the construction of all required system capacity improvements (i.e., substation improvements) determined by the Serving Utility to be necessary to serve the project's net new load. The applicant's obligation under this path is limited to the project's proportionate share of the required substation improvement, as identified in the Serving Utility's letter of requirement and verified by the Director through a proportionate cost estimate. This path is the default requirement for all development projects. All funded improvements must comply with the requirements of § 164.07. For clarity, the obligation to design, fund, and construct distribution-level facilities (including service laterals, distribution transformers, conduit runs, and primary feeder extensions between the project site and the APOC) is governed solely by the Serving Utility and is not a requirement of this Chapter.

(B) In-lieu fee path (alternative compliance). At the applicant's sole election and discretion, the applicant may satisfy the standards for designated eligible improvements by paying a voluntary in-lieu fee. The City may utilize in-lieu fee revenues to fund eligible improvements, including substations and substation capacity upgrades, anywhere within the City, regardless of their geographic distance from the project site. The City Council finds that this method is technically and economically superior to project-specific substation construction because: (i) the electrical grid is an interconnected network where the load increase caused by a specific Project site consumes a discrete "slice" of system-wide thermal and voltage capacity. This consumption directly degrades the adequacy of the grid at the source level (i.e., the substation), necessitating substation upgrades to restore safety and reliability; (ii) coordinating a single, large-scale system capacity improvement is more efficient than requiring individual developers to independently fund piecemeal substation construction; and (iii) systemwide substation improvements allow the Serving Utility to balance loads across multiple circuits, providing higher reliability for all projects throughout the City.

(C) Hybrid path (coordinated compliance). An applicant may elect to directly fund a portion of the required eligible improvements and pay a proportionate in-lieu fee for the remainder. The Director may approve a hybrid path where it is determined that such an arrangement is technically feasible and consistent with the orderly development of substation capacity throughout the City. Applicants using the hybrid path shall receive a credit against their total in-lieu fee obligation for the value of the substation improvements they directly fund, as verified under § 164.10.

[Ord. No. 1832, 5-6-2026]

(A) Systemic Nexus and Substation Capacity Adequacy. The City Council finds that the electrical grid is a singular, interconnected network. Every development project that creates net new load consumes a discrete portion of the substation's total thermal and capacity headroom.

(1) Consumption of substation capacity. This consumption reduces the available substation capacity within the grid, which, if not replenished through system capacity improvements, results in localized or systemwide substation overloading, posing a threat to public safety and reliability for all customers served by the affected substation.

(2) Mitigation of impact. Therefore, a direct legal and engineering nexus exists between the project's net new load and the requirement to fund system capacity improvements, regardless of the geographic proximity of the substation to the project site, to ensure substation capacity remains adequate to support the project's demand.

(B) Rough Proportionality and Capacity Allocation. Any requirement imposed under this Chapter, whether involving direct substation funding or a voluntary in-lieu fee, shall be roughly proportional to the project's specific impact on substation capacity. Proportionality for all eligible improvements shall be determined by the project's net new load as a percentage of the total new substation capacity (kVA) created by the system capacity improvement. The Director may utilize a proportionate cost estimate to verify that the fee or construction requirement does not exceed the project's fair share of the substation capacity impact.

(C) Anti-Duplication and Utility Credits. To prevent duplicative exactions, the City shall provide a credit against any voluntary in-lieu fee as follows:

(1) Direct utility payments. If an applicant demonstrates they have paid the Serving Utility (IID) for the same scope of system capacity improvements (i.e., substation improvements) identified as eligible improvements by the City, the City shall provide a dollar-for-dollar credit against the in-lieu fee.

(2) IEFA surcharge. The City recognizes that electric consumers within Indio are subject to a city-wide surcharge established by the Indio Electric Financing Authority (IEFA) to fund specific substation and reliability projects. The City shall not include any substation project as an "Eligible Improvement" for the in-lieu fee if that specific project is already fully funded by the IEFA Surcharge.

(3) Verification requirement. The burden of proof lies with the applicant to provide an executed contract, paid invoice, or a Serving Utility "letter of requirement" detailing the specific charges and the substation infrastructure they fund.

[Ord. No. 1832, 5-6-2026]

Any applicant electing or required to proceed under the installation path shall comply with the following standards. The requirements of this section apply exclusively to system capacity improvements (i.e., substation improvements) as defined in § 164.03. Nothing in this section shall be construed to require an applicant to independently design, construct, or fund distribution-level facilities (such as service laterals, conduit runs, primary feeders, or distribution transformers) that are governed exclusively by the Serving Utility's tariffs and service extension requirements.

(A) Engineering plans and technical standards. System capacity improvements shall be designed, engineered, and constructed in strict accordance with:

(1) Utility standards. The Serving Utility's current design standards, material specifications, and tariffs applicable to substation construction and upgrades.

(2) Building codes. The California Building Standards Code (Title 24, CCR) as adopted by the City, to the extent applicable to substation facilities.

(3) City standards. The City's standard specifications for public works construction, to the extent applicable.

(4) Conflicts. In the event of a conflict between the aforementioned standards, the Director, in consultation with the Serving Utility, shall determine which standard applies based on the goal of maximizing substation safety and capacity adequacy.

(B) Mandatory will-serve documentation. No improvement plans shall be approved, and no building permits shall be issued, until the applicant provides a current will-serve letter and a letter of requirement (LOR) from the Serving Utility.

(1) These documents must specify the required system capacity improvements, the designated APOC, and the project's proportionate impact on substation capacity.

(2) The City may require the applicant to fund an independent third-party peer review of the Serving Utility's substation capacity study to verify the proportionality of the requirements.

(C) Utility coordination and funding agreement. The applicant shall execute a direct funding or construction agreement with the Serving Utility, or provide written evidence satisfactory to the Director confirming the applicant's proportionate financial contribution toward the required system capacity improvement identified in the letter of requirement. A fully executed copy of such agreement or confirmation shall be provided to the City prior to building permit issuance.

(D) Performance agreements and financial security. The applicant shall execute a City-approved improvement agreement addressing the applicant's substation funding obligation under this Chapter. The agreement must be supported by performance, labor, and material security in an amount equal to 100% of the applicant's proportionate share of the estimated substation improvement cost, plus a warranty bond, in forms approved by the City Attorney.

(E) Inspection, acceptance, and risk of loss.

(1) Utility-owned substation facilities are subject to Serving Utility inspection and shall not be deemed adequate under this Chapter until they have been formally accepted by the Serving Utility in writing.

(2) The applicant remains financially responsible for all substation improvement obligations under this Chapter until the Serving Utility formally confirms in writing that the required system capacity improvement has been completed and accepted.

[Ord. No. 1832, 5-6-2026]

(A) Adoption by resolution. The Council may, at its discretion, adopt by resolution a voluntary in-lieu fee program. Such resolution may establish:

(1) Fee methodology. The technical formula used to calculate a project's proportionate share of systemwide infrastructure impacts.

(2) Fee schedule. A standardized schedule of costs per kVA of net new load or other objective engineering metrics.

(3) Eligible improvements list. A list of system capacity improvements — limited to substations, substation capacity upgrades, and directly associated sub-transmission connections — that satisfy the adequacy standards of this Chapter.

(4) Distribution-level facilities shall not be included on the eligible improvements list.

(5) Citywide benefit confirmation. In accordance with § 164.03, the entire incorporated limits of the City of Indio constitute the single, fixed area of benefit for all eligible improvements funded through this program. In-Lieu Fee revenues shall be pooled citywide. No resolution establishing sub-geographic benefit zones shall be adopted under this Chapter.

(B) Authorized Use of Funds. In-lieu fee revenues shall be used solely to fund the planning, engineering, land acquisition, environmental review, construction, and administrative costs associated with eligible improvements. This includes the "replenishment" of system capacity consumed by participating development projects.

(C) Coordination with IEFA and other funding. The Council may, by resolution, authorize the joint use of in-lieu fee revenues and IEFA Surcharge proceeds to fund "projects" as defined under the IEFA Surcharge program.

(D) Periodic updates. The Council may update the fee schedule or eligible improvements list by resolution as necessary to reflect changes in construction costs, utility tariffs, or grid adequacy requirements.

[Ord. No. 1832, 5-6-2026]

(A) Calculation methodology. The voluntary in-lieu fee shall be calculated by the Director based on the proportionate cost estimate for the eligible improvements necessary to maintain grid adequacy. The calculation shall include:

(1) Capacity demand. The project's net new load (kVA) as a percentage of the total capacity (kVA) created by the eligible improvement.

(2) Engineering and civil costs. The estimated "all-in" cost of the eligible improvement, including design, land acquisition, trenching, and utility equipment.

(B) Timing of payment. Unless otherwise authorized by a development agreement or a Council-approved deferral, the voluntary in-lieu fee shall be paid at the following milestones:

(1) Subdivisions. Prior to the recordation of the Final Map or the issuance of the first grading permit, whichever occurs first.

(2) Vertical construction. For projects not involving a subdivision, the fee shall be paid prior to the issuance of the first building permit.

(3) Discretionary requirements. The approving authority may require payment at an earlier stage of entitlement if the funds are necessary to secure time-critical eligible improvements (e.g., long-lead substation equipment) required to serve the project's phasing.

(C) Deferral and security. The Director may authorize a deferral of payment until one of the following, in the Director's discretion: (1) the issuance of a certificate of occupancy, (2) the issuance of a building permit, or (3) the release of the utility meter, provided the applicant executes a lien agreement or provides other financial security in a form approved by the City Attorney.

[Ord. No. 1832, 5-6-2026]

(A) In-kind construction credits. An applicant that directly funds or constructs eligible improvements (i.e., system capacity improvements) in satisfaction of the standards shall receive a credit against the voluntary in-lieu fee.

(1) Valuation. The credit shall equal the lesser of: (i) the actual, reasonable, and documented cost of funding or construction as verified by a City-approved audit; or (ii) the estimated cost of said improvements as established in the City's proportionate cost estimate or fee schedule.

(2) Scope. Credits shall only be granted for eligible improvements as defined in § 164.03 (i.e., system capacity improvements consisting of substations, substation upgrades, and directly associated sub-transmission connections). Credits shall not be granted for on-site service connection infrastructure, distribution transformers, service laterals, or any other distribution-level facilities required solely for the project's own electrical service connection, as such facilities are not eligible improvements under this Chapter.

(B) Credits for direct utility payments. An applicant shall receive a dollar-for-dollar credit against the in-lieu fee for any verified payments made directly to the Serving Utility (IID) for the same scope of system capacity improvements (i.e., substations and substation upgrades) included in the City's eligible improvements. To qualify, the applicant must provide a final reconciliation statement from the Serving Utility and proof of payment confirming the specific substation improvements funded.

(C) Excess credits and reimbursement. If the value of the credit exceeds the in-lieu fee otherwise due for the project:

(1) No cash refund. The excess credit shall not result in a cash payment from the City unless the applicant has executed a formal reimbursement agreement pursuant to § 164.11.

(2) Banking and phasing. Unused credits may be "banked" and applied to future phases of the same development project.

(3) Non-transferability. Credits are appurtenant to the land and the specific project; they may not be sold, traded, or transferred to a different project or a different geographic area without the express written consent of the Director and the execution of a transfer agreement.

[Ord. No. 1832, 5-6-2026]

(A) Citywide Benefit Framework. The City Council finds that the entire incorporated limits of the City of Indio constitute a single, unified area of benefit for all system capacity improvements funded or required under this Chapter. Because the electrical grid serving Indio is an interconnected system, substation capacity improvements benefit all properties within the City regardless of the geographic proximity of any individual property to a specific substation facility. In-lieu fee revenues collected from development projects throughout the City shall be pooled on a citywide basis and used exclusively to fund eligible improvements that maintain substation capacity adequacy citywide. No sub-geographic zones or separate areas of benefit shall be designated or established under this Chapter.

(B) Requirement for oversizing. The City or the Serving Utility may require an applicant to fund or construct a system capacity improvement with substation capacity in excess of what is strictly necessary to serve the project's net new load alone, in order to accommodate the projected cumulative growth within the City.

(1) Construction obligation. The applicant shall be responsible for the full upfront cost of funding or constructing the oversized substation capacity.

(2) Reimbursement eligibility. An applicant who funds or constructs oversized substation capacity is eligible for a reimbursement agreement for the "Oversized Portion," defined as the total cost of the substation improvement minus the applicant's own proportionate fair-share cost based on the project's net new load relative to the total new substation capacity created.

(C) Reimbursement agreements and funding sources. The Director may execute a reimbursement agreement with the applicant on behalf of the City.

(1) Contingent nature. Reimbursement is not a debt of the City's General Fund. It is strictly contingent upon the City's collection of voluntary in-lieu fees from subsequently developing properties within the City.

(2) IEFA coordination. If the oversized substation facility is an energy system improvement that enhances city-wide reliability, the City may coordinate with the Indio Electric Financing Authority to utilize surcharge revenues as a source for reimbursement, subject to a project agreement.

(3) Term. The term of any reimbursement agreement shall not exceed 15 years, unless a longer term is justified by the anticipated build-out period of the City and approved by the Council.

(D) Methodology for pro-rata share. Reimbursement shall be based on objective engineering metrics verified by the Director, specifically the ratio of kVA demand consumed by subsequently developing properties within the City relative to the total substation capacity created by the oversized facility.

(E) Assignment and Transfer. Reimbursement rights are appurtenant to the development project and may be assigned to a successor-in-interest only with the express written consent of the City.

[Ord. No. 1832, 5-6-2026]

(A) Utility primacy and technical standards. The City acknowledges that the Serving Utility retains final authority over the design, engineering, safety, and operational standards of the electrical distribution system within its service territory. Nothing in this Chapter shall be construed as an attempt by the City to regulate utility tariffs or system-level engineering.

(1) APOC designation. The Serving Utility shall remain the sole authority for designating the adequate point of connection (APOC) for any development project.

(2) Facility acceptance. Utility-owned facilities shall not be deemed "adequate" under this Chapter until they have been inspected and formally accepted by the Serving Utility.

(B) Mandatory will-serve letter and technical study.

(1) Completeness trigger. For all development projects subject to this Chapter, a current will-serve letter and/or a letter of requirement (LOR) from the Serving Utility shall be required prior to the City's determination that a discretionary land-use application is complete.

(2) Updating requirements. If a project's net new load increases during the entitlement process, the Director may require an updated will-serve letter to ensure continued grid adequacy.

(C) Resolution of conflicts. This Chapter is intended to complement, not replace or conflict with, Serving Utility requirements or the resiliency initiatives of the Indio Electric Financing Authority (IEFA).

(1) Interpretation. To the maximum extent possible, this Chapter shall be interpreted to be consistent with the rules, regulations, resolutions, ordinances, surcharges and tariffs of Serving Utility and IEFA.

(2) Administrative adjustment. If an unavoidable conflict arises between a City requirement and a rule, regulation, resolution, ordinance, surcharge or tariff of Serving Utility and IEFA, the Director is authorized to grant a technical adjustment to eliminate the conflict, provided the adjustment is the minimum necessary and still achieves the goal of grid adequacy.

[Ord. No. 1832, 5-6-2026]

(A) Agreements. Where improvements are required under the installation or hybrid path, the applicant shall execute an improvement agreement in a form approved by the City Attorney, which shall address scope, schedule, inspection, acceptance, warranties, risk transfer, insurance, and indemnity.

(B) Security. The City shall require performance and labor and materials security in amounts and forms consistent with the Subdivision Map Act and City standards.

(C) Prevailing wage; public works. Where improvements are constructed using fee revenues or are to be owned by the City, the work is a "public work" subject to prevailing wage laws (Lab. Code § 1720 et seq.) and applicable public contracting requirements.

(D) Ownership and maintenance. Ownership of improvements shall be as specified by the Serving Utility or the City, as applicable. City-owned improvements shall not be accepted until completion to City standards.

[Ord. No. 1832, 5-6-2026]

(A) The Director may adopt administrative rules, forms, and procedures to implement this chapter, including thresholds for de minimis exemptions, submittal requirements, credit documentation, and appeal forms.

(B) The Director may interpret the fee program and may make minor adjustments in calculation to address unique site conditions, provided such adjustments are consistent with the purposes of this chapter and supported by written findings.

[Ord. No. 1832, 5-6-2026]

The City shall deposit fees in separate funds or accounts, shall not commingle funds except for investment, and shall expend funds only for eligible improvements.

[Ord. No. 1832, 5-6-2026]

Any determination under this chapter, including fee calculation, credit, or applicability, may be appealed to the City Manager within 10 calendar days of the determination. The decision of the City Manager shall be final.

[Ord. No. 1832, 5-6-2026]

(A) It is unlawful to fail to comply with this Chapter. The City may withhold or revoke permits, approvals, inspections, or certificates of occupancy for noncompliance.

(B) Violations are subject to the administrative citations and remedies provided for in this Code and any other remedy available at law or in equity.

[Ord. No. 1832, 5-6-2026]

(A) This chapter is intended to supplement, not replace, the City's subdivision, zoning, and encroachment regulations. Where a conflict occurs, the more specific requirement that furthers the purpose of this chapter shall control, to the extent not preempted by state law or Serving Utility authority.

(B) Nothing herein limits the City's authority to require other public improvements reasonably related to a Project's impacts.

[Ord. No. 1832, 5-6-2026]

(A) Fees may be adjusted annually by resolution based on a recognized construction cost index or utility cost index identified in the fee program.

(B) The City may undertake comprehensive updates to the fee schedule as needed to reflect cost changes, system plans, or policy updates.