§ 19.20.020 — Dedication required

19.20.020 - Dedication required.

A. Dedication Required. All subdivisions located within the corporate limits of the City of El Paso and within those areas designated in the city's extra territorial jurisdiction (ETJ), as identified on an official map kept in the office of the planning official. 1. The land conveyed and deeded to the city shall not be subject to reservations of record, encumbrances or easements which will interfere with the use of the land for park purposes. 2. Where a subsurface interest is severed from the surface estate, retention of the subsurface interest may not be considered an encumbrance for the purposes of this chapter. B. In Residential Subdivisions. A residential subdivision shall provide for the parkland needs of the community pursuant to Section 19.20.030. 1. For purposes of this chapter, a residential subdivision shall include any subdivision application submitted on property where the zoning allows for single-family, two-family or multifamily development (apartments). 2. This provision may be waived by the city manager or designee where the city is provided a copy of deed restrictions or other legal instrument verifying that the property within the subdivision application or portion thereof, is restricted to nonresidential uses as defined in this chapter. The evidence shall be provided to the city manager or designee with the filing of the preliminary plat, and shall be reviewed by the city attorney prior to the city plan commission action on the preliminary plat. Failure of the subdivider to provide this information with the filing of the preliminary plat shall result in the subdivision application being considered as a residential subdivision. C. In nonresidential subdivisions. After parkland fees have been calculated, a subdivision, not otherwise classified as a residential subdivision, that changes the use to include dwelling units or increases the density of dwelling units within the subdivision, shall trigger a recalculation of parkland fees or parkland dedication under Chapter 19.20. If additional fees are due or if the recalculation requires parkland to be dedicated, then such fees shall be paid, or dedication provided, prior to the issuance of any building permit. D. The requirement to provide parkland to the city pursuant to this title shall not be satisfied using land required to be conveyed by the subdivider to the city as part of a separate legal instrument, condition, covenant, contract, agreement, sale or ordinance, except as specifically provided in Section 19.20.130.

(Ord. 16882 § 2 (part), 2008) (Ord. No. 17236, § 27, 11-10-2009; Ord. No. 17251, § 11, 12-15-2009; Ord. No. 17396, § 14, 8-24-2010; Ord. No. 17561, § 9, 5-17-2011)