PROVISIONS APPLICABLE TO ALL PLATTING PROCEDURES

El Paso City Code tit. 19, art. 1, ch. 19.01

in effect

El Paso City Code § 19.01.010 Authority, purpose and applicability.

19.01.010 - Authority, purpose and applicability. A. Authority. The procedures of this article are authorized under the authority of Texas Local Government Code, Chapter 212 (including Subchapter B) and the city's Charter. The provisions of this article expressly extend to all areas inside the city limits and throughout the city's extraterritorial jurisdiction. B. Purpose. 1. The provisions of this title are intended to implement standards and requirements provided for herein, and shall be minimum requirements for the subdivision and/or development of land within the City of El Paso and its extraterritorial jurisdiction, as authorized by state statute. 2. The subdivision and/or development of land, as it affects a community's quality of life, is an activity where regulation is a valid function of municipal government. Through the application of these regulations, the interests of public and private parties are protected by the granting of certain rights and privileges. By establishing a fair and rational procedure for developing land, the requirements in this title further the possibility that land will be developed in accordance with existing physical, social, economic and environmental conditions. 3. The provisions of this title are intended to implement the following objectives: a. Promote the development and the utilization of land in a manner that assures an attractive and high quality community environment in accordance with the comprehensive plan and the zoning regulations (where applicable) of the City of El Paso; b. Guide and assist property owners and applicants in the correct procedures to be followed, and to inform them of the standards which shall be required; c. Protect the public interest by adopting standards for the location, design, class and type of streets, walkways (sidewalks), trails, alleys, utilities and essential public services; d. Assist orderly, efficient and coordinated development within the city's limits and its extraterritorial jurisdiction; e. Integrate the development of various tracts of land into the existing community, and coordinate the future development of adjoining tracts; f. Ensure the most efficient and beneficial provision of public facilities and services for each tract being subdivided; g. Provide for compatible relationships between land uses as allowed by the Zoning Code and buildings; h. Provide for the circulation of traffic throughout the municipality; i. Provide for pedestrian circulation that is appropriate for the various uses of land and buildings; j. Prevent pollution of the air, streams, bodies of water, arroyos and aquifers; assure the adequacy of drainage facilities; safeguard both surface and groundwater supplies, as well as natural resources and endangered or threatened plant and animal life; and encourage the wise use and management of natural resources throughout the municipality in order to preserve the integrity, stability and beauty of the community and the value of the land; k. Preserve the natural beauty and topography of the area regulated by this title, and ensure development that is appropriate with regard to these natural features; l. Establish adequate and accurate records of land subdivision; m. Ensure that public or private facilities are available and will have sufficient capacity to serve proposed and future developments and citizens within the city and its extraterritorial jurisdiction; n. Provide for adequate light, air and privacy; secure safety from fire, flood and other danger; and prevent overcrowding of the land and undue congestion of population; o. Ensure that each subdivision approved by the city is designed in such a way as to minimize stormwater runoff from the site in accordance with the Drainage Design Manual (DDM) and to minimize flooding potential upstream, downstream and within from such subdivision with the DDM. C. Applicability. 1. The provisions of this title apply to any division of land, combination of separate land parcels, and/or development of land within the corporate boundaries of the city and within its extraterritorial jurisdiction. 2. No permit shall be issued for any development on a property until either a subdivision plat or a development plat has been approved, and if required by this title, filed for record, in accordance with Title 19, except that the following shall be exceptions to this requirement: a. Permits for repair or remodeling of an existing structure or for site improvements (parking areas, driveways, etc.) which involve no increase in square footage; or b. The replacement of an existing primary single-family or duplex structure, not to exceed the square footage, nor deviate from the original location, of the original structure, provided that the new structure is in conformance with all other provisions of the City Code; or c. Building additions to single-family or duplex structures of not over one hundred percent of the existing structure's value, and of not over fifty percent of the gross floor area of the structure; provided that any increase in square footage of a structure, any additions to a structure, and/or any site improvements are in compliance with all other provisions of the City Code; or d. Demolition permits, or permits for removal of a structure from a parcel or tract; or e. Permits for accessory buildings (as defined in Title 20 of the Zoning Ordinance). 3. No owner or agent of the owner of any parcel of land located in a proposed subdivision shall transfer or sell any part of the parcel before a subdivision is duly recorded with the county clerk as provided within this title. 4. The subdivision of any lot or any parcel of land by the use of metes and bounds description, contract of sale, or any other legal instrument, for the purpose of sale, transfer, lease or development is prohibited except as otherwise provided for in this title. D. Subdivision plat and development plat rules. The provisions of this title, the standards governing water and wastewater facilities applicable to plats, and the technical standards contained in the City of El Paso Street Design Manual (SDM), as developed by the city manager or designee and adopted by ordinance by the city council and as may be amended from time to time, constitute the subdivision and development rules of the City of El Paso, which apply to applications for plat approval inside city limits and within the city's extraterritorial jurisdiction. The SDM shall be maintained by and be available in the planning division of the planning and inspections department. Other ordinances of the city may also apply to land development and must be complied with. (Ord. 16882 § 2 (part), 2008) (Ord. No. 17236, §§ 1, 27, 11-10-2009; Ord. No. 17251, § 1, 12-15-2009; Ord. No. 17396, § 1, 8-24-2010; Ord. No. 17561, § 3, 5-17-2011; Ord. No. 19243, § 1, 10-12-2021; Ord. No. 19327, § 2, 4-26-2022)

El Paso City Code § 19.01.020 Types of plats required.

19.01.020 - Types of plats required. A. Subdivision Plats. A final plat shall be submitted approved and filed prior to any non-exempt land division. B. Development plats. Any person who proposes the development of a tract of land or parcel located within the limits or within the city's extraterritorial jurisdiction of the municipality, to include tracts exempted from preparing a subdivision plat, must have a development plat of the tract or parcel prepared and approved in accordance with Chapter 19.05 prior to development on the tract or parcel. Tracts or parcels included within an approved subdivision plat meeting all the requirements of Title 19 are exempt from the requirements for submittal of a development plat. C. Replats. A replat and the provisions of Chapter 19.07 shall be required any time a platted, recorded lot is further divided or expanded, thereby changing the boundary and dimensions of the property, except as allowed below in Section 19.01.030, Exemptions. In the case of revisions to recorded plats or lots, a minor or amending plat may also be utilized if allowed by state law in accordance with Chapter 19.06 and Section 19.07.040. (Ord. 16882 § 2 (part), 2008) (Ord. No. 17561, § 4, 5-17-2011; Ord. No. 19243, § 2, 10-12-2021)

El Paso City Code § 19.01.030 Exemptions.

19.01.030 - Exemptions. Exemptions. The following land divisions are exempt from the requirements of this article that apply to plats, provided that the applicant has an approved exemption determination application in accordance with Section 19.37.100: 1. The combining of two or more legally recorded lots into one parcel will not be required to be replatted into one lot provided all lots are permanently joined by a structure or improvements built over the property line(s) are in accordance with the zoning ordinance; 2. The division of a legally recorded lot into two portions and the combining of the portions of the lots with the adjacent lots on each side shall be allowed without replatting, provided each new lot complies with the zoning ordinance. The parcel line dividing the middle lot shall become the new lot line and the side setbacks required by zoning shall be measured from that line; 3. The split by metes and bounds and subsequent issuance of a permit for improvements upon a portion of a platted lot within a commercial unit development; 4. Provided, however, that on those parcels described in subsections 1., 2. and 3. above, no additional right-of-way or public easements must be dedicated, or public utilities or roadways must be constructed; 5. Sale, inheritance, or gift of land by metes and bounds of tracts upon which no improvements, development, subdivision or alteration is intended, provided however, that prior to construction of improvements, a plat meeting the requirements of the ordinance codified in this title shall be completed and recorded; 6. Use of existing cemeteries complying with all state and local laws and regulations; 7. A division of land created by order of a court of competent jurisdiction, provided however, that prior to construction of improvements, a plat meeting the requirements of the ordinance codified in this title shall be completed and recorded prior to the issuance of permits; 8. Creation of a remainder tract in accordance with Section 19.02.060, provided such remainder tract is suitable for development in the future and does not make any other tracts undevelopable under current City of El Paso ordinances, and provided however, that prior to construction of improvements, a plat meeting the requirements of the ordinance codified in this title shall be completed and recorded prior to the issuance of permits; 9. Any development activity associated with a plat that conforms to the subdivision requirements set forth in this chapter; 10. Bona fide agricultural activities; and 11. Construction of agricultural accessory structures and related development activities. 12. The acquisition of land for the purpose of widening or extending public rights-of-way, stormwater drainage and water or wastewater infrastructure facilities. 13. The division of a legally subdivided and recorded lot in which a duplex is constructed, located in a district where duplexes are permitted may be resubdivided by metes and bounds into two separate lots, provided that the following requirements are met: a. One dwelling unit of the duplex must remain on each separate lot at the time that the division is created; b. The metes and bounds survey and survey map are prepared by a licensed surveyor of the State of Texas; c. No panhandle lots or lots without access are created; d. The metes and bounds survey and survey map shall be duly recorded and filed with the office of the El Paso County Clerk; e. A copy of the recorded instrument shall be provided with all building permit applications; and f. Any future building construction of dwelling units shall comply with all provisions of the zoning code. 14. Land to be used for electric company substations or minor utility facilities as defined in Title 20 of the City Code. 15. Construction of accessory buildings and additions of less than fifty percent of the total existing square footage of schools that were built at least thirty years prior to the date that the current submitted application is deemed complete. (Ord. 16882 § 2 (part), 2008) (Ord. No. 17236, § 27, 11-10-2009; Ord. No. 17251, § 1, 12-15-2009; Ord. No. 17276, § 1, 2-16-2010; Ord. No. 18056, § 1, 7-16-2013; Ord. No. 18627, § 1, 2-7-2017; Ord. No. 19243, § 3, 10-12-2021)

El Paso City Code § 19.01.040 Time for decision on plats and land studies.

19.01.040 - Time for decision on plats and land studies. A. Time Period for Action. All preliminary plat, final plat, minor plat, development plat, replat, and land study applications shall be acted upon within thirty days from the date a submitted application is deemed complete as provided for in Section 19.37.020, unless a written waiver request is submitted in accordance with subsection B. below. An applicant may request in writing an extension to the thirty-day approval period to allow additional time to comply with the requirements of this title and all other ordinances. The request may be for a period not to exceed thirty days. B. Waiver of Right to Thirty-Day Action. 1. Responsible Official. The city manager or designee shall be the responsible official and the initial decision-maker for a waiver of right to thirty-day action or extension to the thirty-day action requirement for minor applications. The city plan commission shall be the responsible official and the initial decision-maker for a waiver of right to thirty-day action or extension to the thirty-day action requirement for all preliminary plat, final plat, development plat, replat, and land study applications. 2. Request. An applicant may request in writing a waiver of right to thirty-day action in relation to the decision time for preliminary plats, final plats, minor plats, development plats, replats, or land studies suitable for approving within thirty days as mandated by state law. The waiver request shall contain a statement of the time for which a waiver is sought. With the exception of a request for a minor plat application, no waiver shall be granted for a period less than the commission's next regularly scheduled meeting. All waivers and extension requests, to include those relating to minor plat applications, shall be for a period not to exceed thirty days. 3. Received. Waiver and extension requests for preliminary plats, final plats, development plats, replats, and land studies may be received by the city manager, or designee prior to the city plan commission meeting agenda posting deadline at which action would have to be taken (based on the thirty-day requirement in state law) on the plat application. Waiver requests that are not received by that day shall not be considered properly submitted, and action shall be taken on the plat application at such meeting as scheduled. 4. Action. The city plan commission shall take action on the waiver of right to thirty-day action request within the thirty-day period for acting on the plat. If the waiver is granted, action on the plat application shall be waived for a certain period of time, consistent with the approved waiver. 5. Reserved. 6. Requirements Maintained. The granting of a waiver of right to thirty-day action request shall not be deemed in any way a waiver to any requirement within this title. A waiver from requirements herein is a separate and distinct process. C. Preliminary, final, and development plat application within the extraterritorial jurisdiction. Where the land to be platted lies within the extraterritorial jurisdiction of the city in El Paso County, no preliminary, final or development plat application shall be accepted as complete in accordance with Section 19.37.020, unless the application also complies with Chapter 19.11 and its requirements regarding the ETJ. (Ord. 16882 § 2 (part), 2008) (Ord. No. 17236, § 27, 11-10-2009; Ord. No. 17561, § 5, 5-17-2011; Ord. No. 18056, § 2, 8-6-2013; Ord. No. 18971, § 1, 9-3-2019)

El Paso City Code § 19.01.050 Applications and procedures.

19.01.050 - Applications and procedures. Complete Application. Where a conflict exists between the procedures listed in this chapter and any other chapters of this title, the procedures of this chapter shall control. A. An application must be complete in order to be accepted for review by the City of El Paso. All applications shall be made electronically or on forms available from the city. To be complete, it must comply with all the procedures and requirements of this title. Refer to Chapter 19.37 of this title and to the administrative submission requirements available in the planning division for complete application procedures and requirements. B. Required documentation for the initial application to be considered complete for each review process is listed in subsections C through F below. C. Preliminary Plat (See Chapter 19.03 for Substantive Requirements). 1. Application and related documents meeting the requirements in the preliminary plat submission checklist. 2. Application fee. D. Final Plat (See Chapter 19.04 for Substantive Requirements). 1. Application and related documents meeting the requirements in the final plat submission checklist. 2. Application fee. 3. An electronic copy of the plat in a format acceptable to the city as specified in the DSC. 4. Field notes as specified in the DSC. 5. Title opinion or proof of ownership dated within thirty days of submission. 6. Final subdivision improvement plans with all accompanying documentation must be submitted prior to or at the time of submission of the final plat. 7. Drainage plans. 8. Utility plans, even though provided by another agency. E. Minor Plat (See Chapter 19.06 for Substantive Requirements). 1. Application and related documents meeting the requirements in the final plat submission checklist. 2. Application fee. 3. An electronic copy of the plat in a format acceptable to the city tied to state plane coordinate system or city monuments as required. 4. Field notes as specified in the DSC. 5. Title opinion or proof of ownership dated within thirty days of submission. 6. Drainage plans. F. Development plat (See Chapter 19.05 for substantive requirements). 1. Application and related documents meeting the requirements in the development plat submission checklist. 2. Application fee. 3. An electronic copy of the plat in a format acceptable to the city as specified in the DSC. 4. Field notes as specified in the DSC. 5. Title opinion or proof of ownership dated within thirty days of submission. 6. Final subdivision improvement plans with all accompanying documentation must be submitted prior to or at the time of submission of the development plat. 7. Drainage plans. 8. Utility plans, even though provided by another agency. (Ord. 16882 § 2 (part), 2008) (Ord. No. 17236, §§ 2, 27, 11-10-2009; Ord. No. 17396, § 1, 8-24-2010; Ord. No. 17561, § 6, 5-17-2011; Ord. No. 19243, § 4, 10-12-2021)

El Paso City Code § 19.01.060 Stages of plat approval.

19.01.060 - Stages of plat approval. A. Subdivision plats. A subdivision plat may be approved in three stages: 1. Land study (refer to Chapter 19.02); if required; 2. Preliminary plat (refer to Chapter 19.03); and 3. Final plat (refer to Chapter 19.04). B. Development plats (refer to Chapter 19.05). C. Combined applications. An applicant may submit applications for approval of a land study and a preliminary plat, or a preliminary plat and a final plat simultaneously. Such acceptance shall be on a form provided by the planning division. The combination plat must meet all requirements of a final plat prior to approval by the city plan commission. Engineering and subdivision improvement plans must also be submitted and approved in accordance with this title. D. City manager or designee. The city manager, or designee shall be the responsible official for a plat, and the staff shall be the initial reviewing body for a plat application. 1. The city manager, or designee, and/or other city staff at the direction of the city manager, or designee, shall review all plat applications for completeness (refer to Section 19.37.020) based on a checklist and the administrative submission requirements supplied by the planning division. 2. The staff shall review all plat applications that are deemed complete for conformance with this chapter and any other applicable city regulations. (Ord. 16882 § 2(part), 2008) (Ord. No. 17236, §§ 2, 10, 11-10-2009; Ord. No. 17396, § 2, 8-24-2010; Ord. No. 17561, § 7, 5-17-2011)

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_ART1PLPR_CH19.01PRAPALPLPRFetched: 10/28/2026