Wasatch County Unincorporated
City Zoning Code

1. Encourage the preservation and nondevelopment of agricultural and environmentally sensitive lands, including, but not limited to, lands with high water tables, wetland conditions, rural open space, wildlife habitats, critical watersheds, lakes and streams, scenic vistas, critical and sensitive lands, historic areas, trail corridors and natural hazard areas within Wasatch County.
2. Provide owners of land located in the RA-1, RA-5 and A-20 zones an economically feasible method to transfer, either to the county or to other individuals or entities, and existing or future development rights pertaining to their land, without requiring these owners to first ascertain, through a development approval process, exactly what development rights they may own.
3. Provide a method for the county to receive the development rights transferred by the owners of land located in the RA-1, RA-5 and A-20 zones.
4. Provide a method for private individuals or other entities to receive the development rights transferred by the owners of land located in the RA-1, RA-5 and A-20 zones without creating a vested right to use those development rights to increase the density of any particular development, but instead to require such individuals or entities to follow the planning and approval process set forth elsewhere in this title to request the approval of additional density.
5. Provide owners of land located in designated zones a method to purchase development rights from the county by paying a conservation fee to the county in lieu of purchasing development rights from private landowners when such rights are not available for purchase at a reasonable price from private landowners in the RA-1, RA-5 and A-20 zones.
6. Establish a fund to allow Wasatch County to purchase development rights directly from owners of property located in the RA-1, RA-5 and A-20 zones.
7. Provide both quantitative and qualitative economic, tax and social and environmental benefits, which assist in preserving the health, safety and general welfare of the community. 

APPROVED MUNICIPALITY: The municipalities who have entered into the interlocal agreement establishing the Wasatch open lands board are each an "approved municipality".

1. Two Methods Of Preservation: This chapter provides two (2) methods of preserving agricultural or environmentally sensitive lands in Wasatch County and the approved municipalities: the transfer of development credits set forth in sections 16.32.04 and 16.32.05 of this chapter, and the conservation fee in lieu set forth in 16.32.10 of this chapter. The transfer of development credits program allows development credits to be transferred from areas in need of preservation (sending sites) to parcels better suited for development (receiving sites). The conservation fee in lieu allows increased density to be purchased directly from Wasatch County.
2. Existing Zoning Laws Unchanged: Nothing in this chapter limits a real property owner from developing property by means of base zoning, as defined, specified and promulgated in the other chapters of this title. Any requests to change zoning to increase permissible ERUs or commercial/industrial square footage must be sought in accordance with the provisions of this title.
3. Other Conservation Efforts: Nothing in this chapter is intended to prevent or discourage other conservation efforts, whether public or private, within Wasatch County or among the incorporated municipalities.
4. Annexation Alone Does Not Increase Density: In order for this chapter to be fully effective, incorporated municipalities within Wasatch County must adopt a similar ordinance. It is the intent of the county that real property which is annexed into any approved municipality remain at the same zoning density as existed prior to annexation, or that it receive a comparable municipal zone designation to that which existed in the county prior to annexation. Annexed property should not receive an increased zoning density as a mere consequence of being annexed. 

1. Credits Available For Transfer In A-20 Zone: The total number of development credits available to be transferred from a sending site in the A-20 zone shall be determined as follows:
   1. One development credit may be transferred for each five (5) acres that are encumbered by a conservation easement. Remainders will be rounded to the nearest increment of five (5).
   2. One development credit may be transferred for a nonconforming lot of record that is encumbered by a conservation easement if the lot is smaller than five (5) acres in size, but at least two and one-half (2.5) acres in size.
2. Credits Available For Transfer In RA-1 Zone: The total number of development credits available to be transferred from a sending site in the RA-1 zone shall be determined as follows:
   1. One development credit per acre that is encumbered by a conservation easement. Remainders will be rounded to the nearest integer.
   2. One development credit may be available for a nonconforming lot of record that is encumbered by a conservation easement if the lot is smaller than one acre by at least one-half (¹/₂) acre in size.
3. Credit Available For Transfer In RA-5 Zone: The total number of development credits available to be transferred from a sending site in the RA-5 zone shall be determined as follows:
   1. One development credit for each five (5) acres that are encumbered by a conservation easement. Remainders will be rounded to the nearest increment of five (5).
   2. One development credit may be available for a nonconforming lot of record that is encumbered by a conservation easement if the lot is smaller than five (5) acres but at least two and one-half (2.5) acres in size.
4. Annual Review: The credits available for transfer in the A-20, RA-1 and RA-5 zones will be reviewed annually by the Wasatch County open space board and recommended to the county council for approval. 

1. If an increase in allowable residential density is desired for a receiving site, the number of development credits required to increase that density shall be equal to the proposed density, less the current base density allowed by the base zone. Mathematically, this may be expressed as:
   
   Proposed density - Base density = Required development credits
   
   
2. If an increase in allowable industrial/commercial square footage is desired for a receiving site, the number of development credits required to increase that square footage shall be equal to the proposed square footage, less the current base square footage allowed by the base zone, with the result divided by 2,325. Mathematically, this may be expressed as:
   
   (Proposed square footage - Base square footage) . 2,325 = Required development credits
   

1. Obtain An ADCE Letter: An owner of a parcel of property in a sending site may ascertain the development credits available for transfer by obtaining an "assessment of development credit eligibility" letter ("ADCE letter") from the Wasatch County planning and zoning department or the planning department of the appropriate approved municipality. Obtaining an ADCE letter, by itself, does not affect the owner's property rights; nor does it commit the owner to encumber the property or to sell development credits.
2. Negotiate The Transfer: After obtaining the ADCE letter, a sending site property owner may negotiate the transfer of development credits with any individual or entity. Or, if preferred, the sending site property owner may prepare appropriate documents to convey the property to Wasatch County in fee title.
3. Notify Planning Department: If a transfer of development credits is successfully negotiated, the sending site property owner ("transferor") will properly fill out and sign the form provided by the county planning department entitled "request to transfer development credits". Together with the request to transfer development credits, the transferor may be required to submit the following documentation, if applicable:
   1. Proof of written notification of the intent to record a conservation easement to all entities which hold a recorded lien or mortgage against the sending site parcel of property;
   2. Proof that an irrevocable conservation easement was approved by the county and then recorded against the parcel of property by the county recorder no fewer than ten (10) days after record lien and mortgage holders received the written notification set forth in subsection C1 of this section;
   3. If the parcel of property is to be conveyed by deed to Wasatch County or an approved municipality, evidence of clear title and an executed but unrecorded deed, in a form satisfactory to the county, conveying the property to the county;
   4. If the parcel of property is to be conveyed by deed to Wasatch County or an approved municipality, legal certification that the transferor is in compliance with all federal, state and local laws, rules and regulations pertaining to land usage and preservation, including wetlands preservation, of his/her property. Any noncompliance of such laws, rules and regulations shall remain the legal and pecuniary responsibility of the transferor;
   5. If the parcel of property is to be conveyed by deed to Wasatch County or an approved municipality, evidence that the county or municipality has accepted or intends to accept the conveyance;
   6. A map, if required by the planning department, illustrating the location of the property; and
   7. Any other information required on the request to transfer development credits form prepared by the planning department.
4. Planning Department Issues Development Credit Certificate: After the county planning department has received and reviewed a conforming request to transfer development credits, together with appropriate attachments, it will verify the accuracy, validity and sufficiency of the information provided and, if satisfied, seek to have the matter placed on the agenda of the Wasatch County council.
5. Action By Wasatch County Council: The Wasatch County council, during a public meeting, will review the request to transfer development credits and, if appropriate, issue a development credit certificate to the intended recipient of the development credits.
6. Certificate Physical Characteristics: Each development credit certificate will display the name of the Wasatch County planning and zoning department, or the appropriate approved municipal planning department; the date of issuance; the certificate tracking/inventory number; the name of the TDR purchaser; and the number of development credits maintained.
7. Transferor Legal Liability: Any efforts by the transferor to satisfy, mitigate or deny legal liability, including, but not limited to, environmental violations on the transferred property, shall remain the legal and monetary responsibility of the transferor, except when concluded differently by Wasatch County council, or the legislative body of the approved municipality.
8. Notify Assessor: The sending site property owner may, after the issuance of the development credit certificate, notify the county assessor of the completed transaction.
9. Transferred Credits Result In Forfeited Rights: If development credits are transferred from a sending site, all development rights shall be considered forfeited, in perpetuity, from the entire sending site parcel. 

1. Ownership Of Development Credits Does Not Create Vested Right: A developer's ownership of development credits does not create a right to use those credits on any particular parcel of real property. Utilization of the credits will be determined based on all the requirements of city or county ordinances through the planning process.
2. Submitting Applications: Applications for increased zoning shall be made through the Wasatch County planning and zoning department or through the planning department of any approved municipality.
3. Certificate Purpose: Development credit certificates may be used to support an application for increased residential density or industrial/commercial square footage in accordance with the applicable code of the county or municipality. Approval of the application is not guaranteed upon the sole basis of the existence of development credit certificates. All certificates intended to be used in an application shall be disclosed on that application.
4. WOLB Role With Certificates: The Wasatch open lands board ("WOLB") shall monitor the transfer of certificates and ensure that appropriate conservation easements are recorded with the Wasatch County recorder (interlocal agreement # passed on ). 

There is hereby created a conservation fee in lieu of transferring development credits of agricultural and environmentally sensitive lands, including lands with high water tables, wetland conditions, rural open space and other natural hazard areas within Wasatch County and the various incorporated municipalities, to receiving sites. 

There is hereby created the Wasatch County open space fund ("the fund"). The fund will receive monies from Wasatch County's portion of the conservation fees as specified in section 16.32.08 of this chapter. The administration of the fund will be at the sole discretion of the Wasatch County council, or the council's designee, for the purpose of purchasing open space lands and development rights within Wasatch County. 

1. Applicability Of Conservation Fee ("Fee In Lieu"): The conservation fee method (hereafter "fee in lieu") shall apply to all overlay, residential, commercial and industrial developments that seek increased densities through zone changes or annexations without a transfer of development credits.
2. Administering Entity/Governing Document: The fee in lieu shall be administered by the WOLB and governed by the interlocal agreement.
   
   (NAME ), which was created by interlocal legislation (NUMBER ) on (DATE ).
   
   
3. Steps In Fee In Lieu Process: A person desiring to satisfy the fee in lieu shall satisfy each of the following:
   1. File Application: The increased density application shall be filed with the Wasatch County planning commission, or the planning commission of the appropriate approved municipality.
   2. Obtain Favorable Recommendation: The planning commission, on receipt of the increased density application, shall determine, according to its own discretion, whether to recommend to the Wasatch County council the approval of the increased density application. The availability of the fee in lieu does not create a property right or reasonable expectation that an application will be approved. The recommendation to approve or deny an increased density application is a legislative act, and the factors that the Wasatch County planning commission will weigh in determining whether to grant a request for increased density are too numerous to be listed. In no event may the planning commission violate the intent of the county master plan.
   3. Receive Payment Schedule And Conservation Fee Calculations: If the appropriate planning commission affirmatively recommends the increased density application to the Wasatch County council:
      1. The planning commission, in conjunction with WOLB, shall determine the total fee in lieu and payment schedule.
      2. The fee in lieu shall be calculated as twenty five percent (25%) of the difference in value between two (2) appraisals performed by a state certified residential or a state certified general appraiser. The first appraisal value shall be determined using the base density of the present zone. The second appraisal value shall be based upon the proposed increase in base density in the proposed zone devoid of infrastructure. Mathematically, this formula may be expressed as follows:
         
         (Second appraisal - First appraisal) . 4 = Fee in lieu
      3. The applicant shall pay the fee in lieu as required in the development agreement entered into with the county; however, the entire fee in lieu shall be due and payable if the applicant sells any significant portion of the development, and no deed reflection such a sale will be recorded by the Wasatch County recorder until the fee in lieu is paid.
4. Conditional Adjustment/Waiver Of Conservation Fee: The conservation fee may be adjusted or waived if the county council finds, in its wide discretion and in truly exceptional circumstances, that the following conditions exist:
   1. The primary purpose of the zoning change is in the best interest of the general public and the affected community;
   2. The adjustment/waiver does not entail a revision to the general master plan;
   3. The conservation fee creates practical difficulties and unnecessary hardships to the applicant that are:
      1. More than ordinary inconveniences experienced by other ID applicants;
      2. Significantly related to some unique character of the property in question;
      3. Not self-induced by the applicant;
      4. Not the consequence of the applicant's alleged poor economic circumstances;
   4. The adjustment/waiver is consistent with the intent and purposes of this title;
   5. The adjustment/waiver promotes the public welfare, and does not create public nuisances, decrease property values, cause environmental harm, create traffic hazards, or violate other laws or ordinances; and
   6. The adjustment/waiver will enable justice to be accomplished.
5. Lien Against Development: Until the fee in lieu is paid in full, a lien on the applicant's property may be filed by the appropriate planning department. The development agreement shall make provision for the necessary liens until payment is satisfied.
6. Initiating Legal Action Of Unpaid Fees: If a fee in lieu is not paid as set forth in the development agreement, the Wasatch County attorney may institute appropriate legal action to collect.