Roadway participation policies—Improvement of roads and utilities within and or abutting the subdivision.
El Paso City Code § 19.10.050
in effect19.10.050 - Roadway participation policies—Improvement of roads and utilities within and or abutting the subdivision.
A. Improvement of the proportional share of a substandard road within or abutting the subdivision. When an area within a proposed plat, whether residential or nonresidential, abuts on one or both sides of an existing substandard road or utility facility, or a planned or future road, drainage or utility facility as shown on the city's thoroughfare plan and/or adopted plans related to water and wastewater, the developer shall be required to improve the development's proportional share of the road (including appurtenant sidewalks, bike lanes, barrier-free ramps, storm drainage facilities, screening and landscaping, medians and landscaping where required, median openings, left turn lanes, and water quality or erosion controls), the traffic mitigation (including signalization, medians, access and deceleration lanes) and utility facilities, to bring the facilities to city standards, or to replace them with standard city road, traffic mitigation or utility facilities as determined by a traffic or other public facilities impact study. The study, if required, shall be at no cost to the city unless it is used to determine rough proportionality in accordance with this title, in which case the study will be provided by the city.
1. The city plan commission may waive such requirements to provide rights-of-way or street improvements to adjacent substandard roads based on any of the following factors:
a. Fifty per cent of the lots within a quarter mile of the proposed development have already been developed and the existing street improvements are in character with the neighborhood; or,
b. The plat is located within the City of El Paso's Extraterritorial Jurisdiction area, is not within the city's annexation path and written documentation from the County of El Paso has been received stating that the substandard road meets all County requirements and the County is willing to accept the dedication of the substandard road;
c. For all plats located in the City of El Paso's extraterritorial jurisdiction area, written concurrence from the County of El Paso is required prior to the waiver of any dedication and/or improvements.
B. Calculation of minimum proportional share.
1. The developer's share of improvements to a substandard road abutting a subdivision is a minimum of twenty and a half feet of pavement in addition to the curbs, gutters, sidewalks and parkways abutting the subdivision, along the entire boundary of the subdivision, unless the traffic impact study determines that the proportional share of the development is more, in which case that shall become the minimum share of improvements.
2. The minimum developer's share of improvements to a roadway when a subdivision is to be located on both sides of a roadway is the full width of a local roadway, which is fifty-two feet of right-of-way and thirty-two feet of pavement, in addition to the curbs, gutters, sidewalks and parkways, unless the traffic impact study determines that the proportional share of the development is more, in which case that shall become the minimum share of improvements. The roadway shall be improved by the developer on each side of the road along the entire length of the subdivision.
3. The city shall participate in the costs of arterial roads within or abutting the subdivision in excess of the developer's proportional share obligations and where such costs are not borne by another public entity, and in cases where the application of the standards in this chapter result in a disproportional burden on the development, as determined in accordance by the city council in accordance with Chapter 19.46. If the city council determines that funds are not adequate, the city council may choose to do one of the following;
a. Defer the construction of the improvement, allowing the developer to provide for their share of the improvement at a later date in accordance with this title;
b. Allow the developer to install just their portion of the improvement, provided it is adequate for minimum traffic circulation and fire protection; or
c. Sign an agreement with the developer, if the developer proposes to construct the entire roadway improvements and be reimbursed the city's proportional share over time with interest at the rate set in the Texas Government Code Section 2251.
(Ord. 16882 § 2 (part), 2008) (Ord. No. 17765, § 1, 4-3-2012; Ord. No. 17905, § 5, 11-6-2012; Ord. No. 18056, § 12, 8-6-2013; Ord. No. 18192, § 1, 6-17-2014)
Source: City of El Paso, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/el_paso/codes/code_of_ordinances?nodeId=TIT19SUDEPL_ART2SUST_CH19.10DECOREPA_19.10.050ROPAPOMPROUTWIABSUFetched: 10/28/2026