A. Application: The appeal procedure applies both to challenges to the legality of impact fees, to similar and related fees of the City of Santa Clara and to the interpretation and/or application of those fees.
B. Request For Information Concerning The Fee: Any person or entity required to pay an impact fee under this chapter may file a written request for information concerning the fee with the City of Santa Clara. The City of Santa Clara will provide the person or entity with the City of Santa Clara's written impact fee analysis and other relevant information relating to the impact fee within fourteen (14) days after receipt of the request for information.
C. Appeal To The City Of Santa Clara Before Payment Of The Impact Fee: Any affected or potentially affected person or entity who wishes to challenge an impact fee under this chapter prior to payment thereof may file a written request for information concerning the impact fee and proceed under the City of Santa Clara's appeal procedure.
D. Appeal To The City Of Santa Clara After Payment Of The Impact Fee; Statute Of Limitations For Failure To File: Any person or entity that has paid an impact fee under this chapter and wishes to challenge the fee shall file a written request for information concerning the fee after having paid the fee and proceed under the City of Santa Clara's appeal procedure. The deadlines for filing an appeal shall be as follows:
1. Notice: Within thirty (30) days after the person making the appeal pays the impact fee he or she may challenge whether the City of Santa Clara complied with the notice requirements of the Utah State Impact Fee Act with respect to the imposition of the impact fee; and
2. Procedure: Within one hundred eighty (180) days after the person making the appeal pays the impact fee he or she may challenge whether the City of Santa Clara complied with other procedural requirements of the Utah State Impact Fee Act for imposing the impact fee; and
3. Impact Fee: Within one year after the person making the appeal pays the impact fee he or she may challenge the impact fee.
E. Appeals To The City Of Santa Clara: Any developer, landowner or affected party desiring to challenge the legality of any impact fee or related fee or exaction under this chapter may appeal directly to the City Council of the City of Santa Clara by filing a written challenge with the City of Santa Clara before the deadlines provided in subsection D of this section.
1. Hearing: An informal hearing will be held not sooner than five (5) days nor more than twenty five (25) days after the written appeal to the City of Santa Clara is filed.
2. Decision: After the conclusion of the informal hearing, the City Council shall affirm, reverse or take action with respect to the challenge or appeal as the City Council deems appropriate. The decision of the City Council will be issued within thirty (30) days after the date the written challenge was filed. In light of the statutorily mandated time restriction, the City of Santa Clara shall not be required to provide more than three (3) working days' prior notice of the time, date and location of the informal hearing and the inconvenience of the hearing to the challenging party shall not serve as a basis of appeal of the City of Santa Clara's final determination.
F. Denial Due To Passage Of Time: Should the City of Santa Clara, for any reason, fail to issue a final decision on a written challenge to an impact fee, its calculation or application, within thirty (30) days after the filing of that challenge with the City of Santa Clara, the challenge shall be deemed to have been denied.
G. Judicial Review: Nothing in this chapter shall be interpreted to alter the statutory deadlines before which an action to challenge an impact fee must be initiated in the District Court. After having been served with a copy of the pleadings initiating a court review, the City of Santa Clara shall submit to the court the record of the proceedings before the City of Santa Clara, including minutes, and if available, a true and correct transcript of any proceedings. (Ord. 2018-13)