Ordinance 98-12, Title 8, Chapter 15 of the West Wendover City Code is hereby entitled and may be cited as PARKS AND RECREATION DEVELOPMENT CODE. (Ord. 98-12, 12-15-1998)

   A.   This Chapter is enacted pursuant to the authority of Nevada Revised Statutes 278.497 et seq., to provide for the acquisition, improvement and expansion of public park, playground and recreational facilities.

   B.   The public interest, convenience, health, welfare and safety require that certain amounts of land in the City be devoted to park, playground and recreational areas, which include neighborhood, district and regional facilities serving various recreational needs of the residents of the City and the neighborhoods located therein. The geographical areas of the City are, by this Chapter, divided into various park districts, taking into account in such division the uneven population distribution throughout the geographical areas of the City. It is the intent of the City Council that park districts created herein shall periodically be revised, both in number and location, to properly take into account future population distribution within the different geographical areas of the City. (Ord. 98-12, 12-15-1998)

The following words and phrases, when used in this Chapter, shall have the meanings respectively ascribed to them:

APARTMENT HOUSE: A structure arranged in several suites of connecting rooms, each suite designed for independent housekeeping, but with certain typical mechanical conveniences, such as air conditioning, heat, lights, or elevator services shared in common by all families occupying the building.

COMMON OPEN SPACE: A parcel or parcels of land or an area of water or a combination of land and water within the site designated for a planned unit residential development which is designed and intended for use or enjoyment of the residents of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of such residents.

FACILITIES: Turf, trees, irrigation, playground apparatus, playing fields, play areas, picnic areas, horseshoe pits and other recreational equipment or appurtenances designed to serve the natural persons, families and small groups from the neighborhood from which the tax was collected.

MOBILE HOME: A vehicular structure, built on a chassis or frame, which is designed to be used with or without a permanent foundation and is capable of being drawn by a motor vehicle, and which may be used as a dwelling when connected to utilities.

MOBILE HOME LOT: Any area or tract of land designated, designed or used for the occupancy of a mobile home and includes each space within a mobile home park or mobile home subdivision.

NEIGHBORHOOD PARK: A site not exceeding twenty five (25) acres designed to serve the recreational and outdoor needs of natural persons, families and small groups.

PLANNED UNIT RESIDENTIAL DEVELOPMENT: An area of land controlled by a landowner, which is to be developed as a single entity for a number of dwelling units, the plan for which does not correspond in lot size, bulk or type of dwelling, density, lot coverage and required open space to the regulations established in any one residential district created, from time to time, under the provisions of any zoning ordinance enacted pursuant to law.

RESIDENTIAL DWELLING UNIT: A structure or a portion of a structure planned, designed or used as a residence for one family only, living independently of other families or persons, and having its own bathroom and housekeeping facilities included in the unit.

RESIDENTIAL USE: The capability of permanent occupation of a building or mobile home by one or more persons for sleeping or eating purposes. (Ord. 98-12, 12-15-1998)

   A.   Subdividers:

      1.   All subdividers of land must dedicate such land areas, sites and locations for parks and playground purposes as are reasonably necessary to serve the proposed subdivision and its future residents. Said subdividers must dedicate to the city one thousand nine hundred sixty (1,960) square feet of real property for each one acre of the proposed subdivision.

      2.   All lands dedicated pursuant to this section shall be free from liens and encumbrances at the time title passes to the city.

      3.   All provisions to the contrary notwithstanding, the amount of land required to be dedicated may not exceed the fair market value, determined by an independent appraisal, of the amount of any residential construction tax which would otherwise have been collected under a residential construction tax levied pursuant to Nevada Revised Statutes 278.4983. (Ord. 98-12, 12-15-1998)

   B.   Developers: All developers of land for mobile home lots or apartment houses must dedicate such land sites, areas and locations for park and playground purposes as are reasonably necessary to serve the proposed development and its residents. Said developers must dedicate real property to the city in an amount which shall be equal to one percent (1%) to the nearest dollar value or valuation or one thousand dollars ($1,000.00) per apartment house suite or mobile home lot, whichever is less, of the eventual building permits to be issued for apartment house suites or mobile home lots or any combination thereof. The value or valuation of the building permits shall reflect actual costs of residential construction in the area as determined by the building department in accordance with the international building code and Marshall-Swift formulas utilized by the West Wendover building department. (Ord. 98-12, 12-15-1998; amd. Ord. 2005-07, 12-20-2005)

The following standards shall apply in determining the land to be dedicated:

   A.   Amount: The amount of land required to be dedicated shall be as set forth in section 8-15-4 of this chapter. All provisions of this chapter to the contrary notwithstanding, the amount of land required to be dedicated may not exceed the fair market value, determined by an independent appraisal, of the amount of any residential construction tax which would have been otherwise collected pursuant to a tax levied under Nevada Revised Statutes 278.4983.

   B.   Quality And Location: The characteristics of the land to be dedicated shall be consistent with the proposed parks and recreation use and shall be such that development of the parks and recreational uses and facilities shall be economically feasible under the existing conditions. The city council may consider the costs of development of any land proposed to be dedicated in determining whether to accept such offer. In addition, such land must be situated, insofar as is practical, in a location central to the residential users to enable equal opportunities for the residents of the subdivision or development to use said land.

   C.   Encumbrances: All lands dedicated pursuant to this Chapter shall be free from liens and encumbrances at the time title passes to the City. (Ord. 98-12, 12-15-1998)

   A.   The City shall have those parks, recreation areas and park facilities districts as established by resolution of the City Council. The City hereby adopts a Recreation Plan to consist of the attached maps, diagrams, charts, descriptive matter or reports. The Recreation Plan shall provide for a comprehensive system of recreation areas, including natural reservations, parks, parkways, beaches, playgrounds, and other recreation areas. The plan shall also outline the proposed method of carrying out the acquisition, development, operation and maintenance of the recreation areas and facilities for which it provides.

The City Council may amend the plan by resolution from time to time as necessary.

   B.   The West Wendover Recreation District in conjunction with the City will conduct a continuing study of population trends and concentrations as well as of neighborhood development throughout the City and shall, at least once every three (3) years, submit recommendations to the City Council, based on such study, suggesting any changes, either in number or boundary locations of the districts.

   C.   If a park or playground has not been developed or park facilities installed or improvements made to existing parks or facilities on the land dedicated for that purpose within three (3) years after the date on which seventy five percent (75%) of the residential dwelling units within an approved subdivision or development are first occupied, title to the land dedicated by the subdivider or developer shall revert to the owners of the lots in the subdivision or development at the time of the reversion on a pro rata basis. (Ord. 98-12, 12-15-1998)

Any developer of a planned unit residential development shall dedicate to the City real property in accordance with Section 8-15-4 of this Chapter; provided, however, where a landowner provides for and establishes an organization for the ownership and maintenance of common open space in a proposed planned unit residential development and such space is to be privately owned and maintained for park, playground and recreational use by the future residents of the planned unit residential development, credit may be given against the requirement of dedication if the City Council, on recommendation from the West Wendover Recreation District determines it to be in the public interest to do so and that such determination shall be based on, but not limited to, the following standards:

   A.   That yards, court areas, setbacks and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of such private open space;

   B.   That the private ownership and maintenance of the open space is adequately provided for by the recorded written agreement, conveyance or restrictions;

   C.   That the use of the private open space is restricted for park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of the property and which cannot be defeated or eliminated without the consent of the City;

   D.   That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location;

   E.   That the open space for which credit is given is a minimum of three (3) acres and provides all, or a minimum of five (5), of the local park basic elements listed below or a combination of such other recreational improvements that will meet the specific recreation and park needs of the future residents of the area;

 

 

   F.   The common open space is sufficient to accommodate the park, playground and recreational needs of the projected population of the planned unit residential development. (Ord. 98-12, 12-15-1998)

Any land dedicated and accepted, at the request of the City, in excess of that land required by Section 8-15-4 of this Chapter, shall be purchased by the City at its fair market value or returned to the appropriate party at the sole discretion of the City. (Ord. 98-12, 12-15-1998)

When twenty five percent (25%) of the property is developed within the subdivision or development from which the land was dedicated, public hearings shall be scheduled to be held jointly by the City and the West Wendover Recreation District to address a proposed park and recreational facilities site development plan, schedule for development, and financing plan, the latter to include operational and maintenance costs. The primary responsibility for park development is with the West Wendover Recreation District. The cost of developing parks and recreational facilities, specifically the earthwork, irrigation lines, landscaping, sidewalks, bike paths, basketball courts, tennis courts, parking and necessary structures or associated work shall be the responsibility of the West Wendover Recreation District. The cost of apparatus or equipment for the new parks and recreation facilities, specifically any playground apparatus, basketball standards, tennis nets, backstops, barbecue grills, benches, tables or other associated equipment shall be the responsibility of the City. Nothing in this Section precludes one entity or the other from assuming costs and responsibilities of the other entity. (Ord. 98-12, 12-15-1998)

Title to land dedicated pursuant to this Section shall be transferred to the City on or before the issuance of the first building permit and construction of the first unit for the subdivision or development from which the land was dedicated. (Ord. 98-12, 12-15-1998)

Nothing in this Chapter prohibits a subdivider or developer from donating land for neighborhood park purposes in excess of that land designated to be dedicated. (Ord. 98-12, 12-15-1998)