In accordance with Utah Code Annotated 17-27a-403 the legislative body of each county shall adopt a moderate income housing plan.

1. To provide opportunities for the construction of all varieties of moderate income housing (i.e., ownership, rentals units) for households in Wasatch County;
2. Increase opportunities for moderate income families to purchase adequate housing;
3. Maintain affordable rental opportunities for moderate income households commensurate to the county's needs and population projections;
4. Provide opportunities for moderate income housing by allowing a zoning and regulatory environment that will take advantage of private sector opportunities for moderate income housing;
5. To implement the moderate income housing goals, policies and objectives contained in the Wasatch County general plan;
6. To ensure the opportunity of moderate income housing for residents and workers in Wasatch County;
7. To maintain a balanced community that provides and integrates housing for people of all income levels and families without providing too much or too little of moderate income housing product in any given area. 

This chapter shall apply to all new developments of six (6) equivalent residential units (ERUs) or more. The requirement to provide moderate income housing shall be based on a moderate income housing report provided by the developer. The moderate income housing report shall have, at a minimum, the following information: price of the proposed units/lots, anticipated mortgage payment per month with current interest rates, calculations showing the number of proposed units at or above the eighty percent (80%) AMI (including HOA fees, utilities using current rates, cable, other fees), an estimation of the moderate income housing impacts created by the development, average monthly pay for any employees created by the development backed up by industry standards, estimate of the number of contract employees created by the development, second home percentages anticipated, and a proposal to satisfy the moderate income housing needs created by the development. If the proposal is a resort development the applicant shall provide the proposed resort's seasonal workforce housing plan that provides moderate income housing in a socially, economically and environmentally responsible manner. The applicant may be required to provide additional information if deemed necessary by the county to determine the impacts on moderate income housing.

1. If the moderate income housing units are built within the development project they shall be built to allow for a blending of such units with market rate units. Particular attention must be taken to avoid placing the moderate income housing units in a concentrated site in the development.
2. The moderate income housing units shall be built concurrently with each phase of the market rate units, and shall not be the last phase constructed. No more than fifty percent (50%) of the market rate units in a development will be issued occupancy permits before the completion and issuance of occupancy permits for the moderate income housing units related to the development. The timing of construction of the moderate income housing component shall be defined and incorporated in the development agreement for the project.
3. The specific off site moderate income housing unit type and design of units shall be consistent with the character of the surrounding neighborhood or development in which the moderate income housing unit(s) is located.
4. All rental units shall be rented for a minimum period of thirty (30) consecutive days. Nightly and weekly rentals shall be prohibited.
5. The maximum sale price of a moderate income unit shall be limited to a price that is affordable to a household earning eighty percent (80%) or less of the area median income (AMI), based on the type of units and targeted households, as determined by HUD/UHC (Utah housing council) and verified by WCHA.
6. Moderate income units shall only be rented and sold to eligible households earning eighty percent (80%) of AMI, or less, based on the type of units and targeted households, as defined by HUD/UHC.
7. If a household's income increases to an amount above eighty percent (80%) of AMI while occupying a moderate income unit, the household shall not be required to vacate the unit. However, upon vacating the premises, the unit shall be sold/rented to a qualifying household.
8. The Wasatch County housing authority will qualify applicants, determine the selection and prioritization process for obtaining moderate income housing and maintain the list of qualified candidates for moderate income housing.
9. Moderate rental units shall remain restricted and affordable to the designated income group of qualified individuals for the life of the unit.
10. The design of units shall be reasonably consistent or compatible with the design of the total project development in terms of appearance, materials and finished quality.
11. One moderate income housing unit shall normally be consistent in size with a residence intended for a family of four (4). If the developer wishes to provide any smaller units for single tenants, no such unit shall be less than five hundred (500) square feet per tenant in size and shall receive credit for the affordable housing requirements based upon the ERU classification for that unit. Therefore, it may take three (3) or more single units to equal one unit of moderate income housing.
12. Moderate income housing units shall provide a mix of number of bedrooms in the affordable dwelling units in response to moderate income housing demands identified by the Wasatch County housing authority, so that the total ERUs provided for moderate income housing equal ten percent (10%) of the ERUs contained in the project, and the units being provided are of a size necessary to meet the current demand.
13. No building permit shall be issued and no final approval granted which does not meet the requirements of this chapter.
14. If a developer intends to build his/her required amount of moderate income housing units at a time which is not concurrent with the building of the market rate units, and a later construction schedule is agreed upon as part of the development approval process (not to exceed 1 year), a bond or other financial assurance equal to one hundred ten percent (110%) of the current fee in lieu, shall be placed with Wasatch County to ensure the building of the affordable housing units within the time agreed upon, or one year from final approval, whichever is sooner.
15. The WCHA and Wasatch county council, during the development approval process, may approve alternatives to the construction of new moderate income housing units contained within the development, where the proposed alternative supports specific housing policies and goals, and assists the county in meeting those goals. Alternatives may include acquisition and rehabilitation of affordable housing units, conversion of existing market rate units to affordable units, construction of special needs projects or shelters. 

1. Contributions of fees in lieu are considered a viable choice to building on site, building off site, or contributing lots or land so that public and private dollars can be leveraged for more affordable housing good.
2. The fee to be paid for each market rate unit shall be determined by the subsidy needed to make a market rate unit affordable to a low income household. This subsidy shall be based upon a determination of the average subsidy that would be required to make a typical new starter home consisting of three (3) bedrooms/two (2) baths affordable to a family earning eighty percent (80%) of the median gross income of the metropolitan statistical area for households of the same size.
3. The actual fee to be charged and the method of payment shall be fixed by a schedule adopted periodically, by the County Council as an amendment to the fee schedule ordinance, based upon current costs of construction and interest rates. Said fee shall be assessed against the market rate lots/units of a development and shall be paid by the developer.
4. All fees in lieu shall be deposited in a housing trust fund. Said fund shall be administered by the Wasatch County housing authority and shall be used for the purpose of providing funding assistance for the provision of affordable housing for rent and for sale units, as well as any reasonable costs of administration consistent with the policies and programs of the Wasatch County housing authority.
5. At the discretion of the county legislative body and the housing authority, a developer may make an irrevocable dedication of land or other nonmonetary contributions of a value not less than the sum that would have been due as a fee in lieu, if it is determined that the nonmonetary contribution will be helpful in furthering the goals and policies of the county moderate income housing plan and the housing authority. Any costs associated with such appraisal shall be borne by the developer. 

1. Base Requirement: There shall be a base requirement to provide affordable housing throughout Wasatch County.
2. Affordable Unit Equivalents (AUEs): All new developments shall be obligated to provide a certain number of affordable unit equivalents (AUEs), as outlined in this chapter.
   
   An "AUE" is defined as a "two (2) bedroom unit with a minimum of nine hundred (900) square feet of net livable space, measured interior wall". "One bathroom" is defined as a sink, toilet and shower or bathtub; "one-half (¹/₂) of a bathroom" is defined as a sink and toilet. It is recommended in owner occupied housing that unfinished basement space be an element of new construction units where geological conditions permit. When an unfinished basement is included in an owner occupied unit, there will be an AUE bonus as outlined below. Multiple smaller units together may constitute one AUE, or fewer larger units, according to the conversion in table 1 of this section:
   
   TABLE 1: AFFORDABLE UNIT EQUIVALENT CONVERSION
   

   Unit Type	Minimum Livable Size (Square Feet)	Number Of Bathrooms	AUE Conversion	AUE Conversion With An Unfinished Basement Bonus
   Studio	500	1	0 .55	n/a
   1 bedroom	650	1	0 .72	n/a
   2 bedroom	900	1 .5	1	1 .5
   3 bedroom	1,150	2	1 .28	1 .45

   1. If the total number of AUEs in a given number of units contains a decimal, then the developer shall pay a fee in lieu for the fractional obligation only.
      
      Example: If a developer has an obligation of 3.4 AUEs, then 3 AUEs shall be provided, and a fee in lieu paid for the 0.4 remainder as shown in table 1, example 3 of this section.
   2. Example of AUEs in use, using the conversion in table 1 of this section:
      
      Example of how to satisfy affordable housing requirement for 3.4 AUEs:
      

   Example 1:
   	3 two-bedroom units	= 3 x 1.15 = 3.45	3.45 AUEs
   	with unfinished basements		Rounded to 3.5 AUEs
   			No fee in lieu
   Example 2:
   	2 two-bedroom units	= 2 x 1 = 2	2.0 AUEs
   	1 three-bedroom unit	= 1 x 1.28 = 1.28	1.28 AUEs
   	Total		3.28 AUEs
   			Rounded to 3.3 AUEs
   			Plus fee in lieu 0.1 AUE
   Example 3:
   	3 two-bedroom units	= 3 x 1 = 3	3.0 AUEs
   			Plus fee in lieu 0.4 AUE
   Example 4:
   	1 two-bedroom unit	= 1 x 1 = 1	1.0 AUEs
   	2 three-bedroom units	= 2 x 1.28 = 2.56	2.56 AUEs
   	Total		3.56 AUEs
   			Rounded to 3.6 AUEs
   			No refund on excess AUEs

1. Obligation Rate: All residential development in subdivisions or clusters with six (6) or more units shall be required to develop or ensure the development of affordable housing at a rate of ten percent (10%) of the units in a development. This obligation rate is subject to annual review and modification by the Wasatch County council. Affordable units developed on site in fulfillment of this requirement are not included in the density calculation for the project. The affordable housing obligation shall be met concurrently with the issuance of any building permits for market rate units.
   1. Calculation Of Required AUEs: The total number of approved market rate units shall be multiplied by the ten percent (10%) obligation rate. The resulting number shall represent the total number of AUEs required of the project, and shall be in addition to the proposed market rate units in the project.
   2. Expansion: For existing development which applies for additional units, the obligation rates shall be calculated on the net unit increase only.
2. Example Calculation For Residential Development Requirement:
   
   Number of allowed market units in example development = 23
   Affordable housing requirement = 23 x 10%
   Obligation rate = 2.3
   Total affordable unit equivalents required = 2.3

1. Obligation Rate: For nonresidential development, an applicant shall be required to develop or ensure the development of affordable housing to mitigate the ten percent (10%) of the employee housing demand generated by the development.
2. Calculation Of Required AUEs: For nonresidential development, required AUEs generated by the application shall be calculated using the following formula, utilizing the full time equivalents (FTEs) as outlined in table 2 of this section:
   
   Formula: (Full time equivalent x Use square footage) divided by 1,000 = Employees generated
   
   (Employees x Obligation rate of 10%) divided by 1.5 workers per household = AUE obligation
   
   TABLE 2: EMPLOYEE GENERATION
   

   Type Of Commercial Use	Full Time Equivalents (2,080 Hours) Per 1,000 Net Leasable Square Feet
   Commercial/retail	3.3
   Condominium hotel	Greater of lodging/hotel calculation or residential mitigation rate
   Education	2.3
   Finance/banking	3.3
   Lodging/hotel	0.6/room
   Medical profession	3.9
   Other professional services	3.7
   Personal services	1.3
   Real estate/property management	5.9
   Recreation/amusements	5.3
   Restaurant/bar	6.5
   Utilities	2.9
   Overall/general	4.4

   The overall/general type of use shall apply to any use not listed in the employee generation table if an independent calculation is not performed.
   
3. Example Calculation For Commercial Development Requirement:
   
   Commercial development application for a 10,000 square feet example project:
   Retail = 5,000 square feet
   Restaurant/bar = 2,000 square feet
   Office space ("other professional services") = 3,000 square feet
   Employee generation:
   Retail = (5,000 x 3.3) divided by 1,000 = 16.5 employees
   Restaurant/bar = (2,000 x 6.5) divided by 1,000 = 13 employees
   Office space = (3,000 x 3.7) divided by 1,000 = 11.1 employees
   Total employees = 40.6
   Mitigation:
   40.6 employees multiplied by 10% (obligation rate) = 4.06 employees
   4.06 divided by 1.5 (workers per household) = 2.71 AUEs
   Result = 2 AUEs provided, and a fee in lieu paid for 0.7 unit
   
   
4. Change In Use: If a commercial unit changes intensity of use, a low impact permit shall be required, and additional AUEs may be required.
   1. Example: If a development proposes commercial use under the "personal services" category, the FTE is 1.3 employees per one thousand (1,000) square feet. If a tenant changes use to a "restaurant/bar", the FTE is 6.5 employees per one thousand (1,000) square feet. The increased FTE may result in an increased AUE obligation.
   2. Independent Study: If a development provides an independent study demonstrating different FTEs for a development, and the study is certified by a source acceptable to the Wasatch County council, the AUEs shall be based on the independent study. 

The obligation rate for the residential portion of the development shall be determined using the residential development requirements, and the obligation rate for the commercial portion of the development shall be determined using the commercial development requirements. The total required AUEs shall be the sum of the residential obligation and the commercial obligation. 

1. Allowances: Moderate income housing may be provided off site if the application meets one of the following criteria:
   1. The project is one hundred percent (100%) commercial, and it has been determined, at the sole discretion of the Wasatch County council, that the provision of on site housing would be detrimental to public health, safety and welfare. These projects shall comply with the following requirements:
      1. Prior to beginning improvements of the commercial site, a suitable alternate site for moderate income housing shall be presented by the applicant, and approved by the WCHA and Wasatch County council.
      2. Prior to beginning improvements of the commercial site, a development plan, site plan, final plat if required, elevations, deed restriction, and time line of construction for the affordable units shall be approved by the WCHA and Wasatch County council.
      3. The applicants must work with WCHA or an approved nonprofit entity approved by the Wasatch County council to ensure the provision of their moderate income housing obligation.
      4. The applicants may choose to cooperate with an external property to share in the provision of affordable housing; if so, they shall comply with the requirements in subsection C of this section.
      5. The applicants must demonstrate ownership of conforming lots of record sufficient to build the proposed affordable housing units for each alternative site.
2. Modifications: The requirement for constructing off site affordable housing may be modified by the county council, at its sole discretion, if the provision for off site affordable housing would not be in the best interest of Wasatch County. Each request for modifying the off site moderate income housing requirement shall comply with the following:
   1. Prior to beginning improvements of the residential project, a suitable alternate site for moderate income housing shall be presented by the applicant, and approved by WCHA and the Wasatch County council.
   2. Prior to beginning improvements of the residential project, a development plan, site plan, final plat if required, elevations, deed restriction, and time line of construction for the affordable units shall be approved by WCHA and the Wasatch County council.
   3. The applicants must work with WCHA or may choose to work with a nonprofit entity approved by the Wasatch County council to ensure fulfillment of their moderate income housing obligation.
   4. The applicants may choose to cooperate with an external property to share in the provision of moderate income housing; if so, they shall comply with the requirements in subsection C of this section.
   5. The applicants must demonstrate ownership of conforming lots of record sufficient to build the proposed moderate income housing units for each alternative site.
3. Multiple Parcels: Projects including multiple parcels, and sharing approved densities and obligations shall comply with the following requirements:
   1. All involved properties shall submit one consolidated application, demonstrating on which parcels market units will be placed, on which parcels moderate income housing will be placed, site plans of each property, and a phasing plan if the project is to be developed in phases, as approved by WCHA and Wasatch County council.
   2. It shall be demonstrated that public health, safety and welfare is benefited or that it is in the best interest of Wasatch County. 

1. The total number of units proposed in the project;
2. The average selling price of a unit for each of the phases of the development;
3. The number of affordable units proposed;
4. The square footage, calculated ERUs and number of bedrooms;
5. The proposed location of the units;
6. The schedule for production of dwelling units, both affordable and market rate;
7. Production cost associated with dwelling construction;
8. Appraisals for units;
9. Providing copies of plans for such units;
10. Security posted or to be posted prior to recording of final plat, for building of units, if construction of such units will not take place at the same time as the market rate units in a proportionate manner;
11. A moderate income housing agreement will not be required for projects which will be satisfying their moderate income housing requirements through payment of a fee in lieu, provided such payment is made prior to final plat approval. The developer is required to provide the planning department with a statement of the average anticipated selling price for a unit in each planned phase of the development; and
12. A moderate income housing agreement for which moderate income housing requirements will be satisfied, all or in part, through a fee in lieu contribution other than money, shall include the method of determination, schedule and value of total fee in lieu contributions, which must be approved by the county legislative body and housing authority. 

Any development that conforms to the definitions of a "resort development" and "employee housing unit", as defined in section 16.30.14 of this chapter, may receive partial credit for meeting the moderate income housing requirement of Wasatch County, except for moderate income housing requirements requiring fee in lieu payment by agreement between the developer and Wasatch County. Further, any development that conforms to the definition of a "resort development" and "seasonal employee housing unit", as defined in section 16.30.14 of this chapter, may receive partial credit for meeting the moderate income housing requirement of Wasatch County. However, the credit shall not exceed twenty five percent (25%) of the total moderate income housing requirement for a development or project.

1. The provisions of this chapter shall apply to all developers and their agents, successors and assigns proposing any development in Wasatch County of more than five (5) units, unless an impact study performed as described in subsection 16.30.08D2 of this chapter, has been performed and approved.
2. The county and/or the housing authority may institute any appropriate legal actions or proceedings necessary to ensure compliance with this chapter, including, but not limited to, actions to revoke, deny or suspend any permit or development approval.
3. It shall be a class C misdemeanor for any individual or entity to sell or rent a restricted affordable housing unit for a sum in excess of the moderate income housing rate set forth in the moderate income housing agreement governing that unit. Excess proceeds of an unlawful sale or unlawful rental shall be forfeited and shall be paid to the housing authority trust fund.
   
   The amount of moderate income housing required shall be determined by a qualified independent study. The independent study shall be provided by a source acceptable to Wasatch County which will then be reviewed by a county contract reviewer that is an expert in the field of affordable housing. The Wasatch County housing authority will then review the report and make a recommendation to the county council. 

AFFORDABLE: Housing that costs no more than thirty percent (30%) of a household's income.

AFFORDABLE HOUSING UNIT: A dwelling unit that will be offered for rent or sale exclusively to, and which shall be affordable to, lower income households as required by this chapter.

ALLOWABLE HOUSING EXPENSE: The total monthly or annual recurring expenses required of a household to obtain shelter. These expenses include loan principal and interest, property and mortgage insurance, property taxes, homeowners' association dues, etc. In a rental unit only, this amount would include the cost of obtaining basic public utility services.

BASE RESIDENTIAL UNITS: The number of lots or equivalent residential units (ERUs) associated with each development from which are calculated the number of affordable units to be provided or the amount of the fee in lieu to be paid.

BEDROOM: A room designed to be used for sleeping purposes that contains closet(s) and meets all applicable building code requirements for light, ventilation, sanitation and egress.

DEED RESTRICTION: A contract entered into between Wasatch County, WCHA and the owner or purchaser of real property identifying the conditions of occupancy and resale.

EMPLOYEE HOUSING UNIT:

1. A dwelling unit which shall not be leased or rented for any period less than thirty (30) consecutive days, and shall be rented only to tenants who are full time or seasonal employees and shall be employed by the resort. Housing provided on site for employees may include the following types:
   1. Dormitory;
   2. Efficiency unit; and
   3. One, two (2), or three (3) bedroom apartments (up to 1,000 square feet).
2. The compensation from the resort development employer of seasonal employees occupying seasonal employee housing units may not exceed eighty percent (80%) of the Wasatch County median income adjusted to a one person household for the period of occupancy and the rental rate charged full time employees for full time employee housing units by the resort development employer may not exceed the HUD established rental rate for an SRO/studio adjusted to eighty percent (80%) of a one person household. The resort development employer operating full time employee housing units shall report occupancy and qualification with the provisions of this chapter annually to the Wasatch County housing authority.

EQUIVALENT RESIDENTIAL UNIT (Also Known As An ERU): A unit size, which represents the size of an average single-family home, which comfortably houses at least four (4) people. Smaller units shall represent a portion of an equivalent residential unit (ERU). The planning staff shall make a determination of ERU calculations using the unit equivalent chart contained in section 16.37.11, figure 11 of this title as a guide (this chart may also be found in chapter IV.C.5 of the Jordanelle land use plan (JLUP)), which shall be subject to review by the planning commission and legislative body and established as part of preliminary approval. For obvious reasons, affordable housing needs shall be met with residential ERUs. This chart is also provided to show the ERU calculations for commercial and industrial uses for purposes of establishing the number of ERUs, which must be provided to meet the requirement of affordable housing in residential ERUs.

FOR SALE UNITS: Housing units offered for sale, including, but not limited to, single-family homes, condominiums, townhomes and other common interest developments.

LOW INCOME: Eighty percent (80%) or less of median family income for Wasatch County.

MARKET RATE UNIT: A dwelling unit where the rental rate or sales price is not restricted by requirements imposed by local, state or federal affordable housing programs.

MODERATE INCOME: Eighty one percent (81%) to one hundred twenty percent (120%) of median family income for Wasatch County.

MODERATE INCOME HOUSING: Housing occupied or reserved for occupancy by households with a gross household income equal to or less than eighty percent (80%) of the median gross income of the metropolitan statistical area for households of the same size as determined by HUD/UHC. Such housing cannot cost more than thirty percent (30%) of a household's income.

RENTAL UNITS: Housing units offered for rent or lease.

RESORT DEVELOPMENT: A mixed use development consisting of a group or groups of buildings containing more than five (5) dwelling units and/or guestrooms and providing recreational activities that may include skiing, golf, horseback riding, swimming, tennis, spa and similar activities. A resort may furnish services customarily furnished by a hotel, including a restaurant, cocktail lounge and convention facilities.

SEASONAL EMPLOYEE HOUSING UNIT: A dwelling unit with the primary purpose of providing housing for seasonal employees of a resort development. Except for off season incidental use, the unit shall not be leased or rented for any period less than thirty (30) consecutive days, and shall be rented only to tenants who are full time or seasonal employees of the resort development shall be allowed; provided, that such rental does not exceed a total of ninety (90) days per annum. Seasonal employee housing units provided on site for employees may include the following types:

1. Dormitory;
2. Efficiency unit;
3. One, two (2) or three (3) bedroom apartments no larger than one thousand (1,000) square feet.