PARKS AND OPEN SPACE

El Paso City Code tit. 19, art. 2, ch. 19.20

in effect

El Paso City Code § 19.20.010 Policy plan and purpose.

19.20.010 - Policy plan and purpose. A. Purpose. This chapter is adopted to provide recreational areas as a function of subdivision development in the City of El Paso. This article is enacted in accordance with the home rule powers of the City of El Paso granted under the Texas Constitution, and the statutes of the State of Texas, including, but not by way of limitation, V.T.C.A. Local Government Code, Chapter 212. It is declared by the city council that recreation areas in the form of neighborhood parks, community parks that serve several neighborhoods, linear parks, trails, and open space areas are necessary and in the public welfare, and that the only adequate procedure to provide for same is by integrating such a requirement into the procedure for planning and developing property or subdivisions in the city, whether such development consists of new construction on vacant land or the addition of new construction or redevelopment on existing developed lands. B. Neighborhood parks, community parks, linear parks, trails and open space areas referred to in this chapter are those parks providing for a variety of outdoor recreational opportunities and within convenient distances from the majority of the residences to be served thereby. The primary cost of those parks should be borne by the ultimate property owners who, by reason of their proximity to such parks, shall be the primary beneficiaries of such facilities. C. The requirements for parkland are based in part on the standards, needs and objectives set forth in the El Paso Parks and Recreation Master Plan, routinely amended and adopted by the city council, a copy of which shall be retained in the office of the director of parks and recreation and which shall be incorporated by reference herein for all purposes. Therefore, the requirements in this code and any requirements in the SDM are adopted to effect the purposes stated above and shall apply to any development within the City of El Paso, except as noted therein (Ord. 16882 § 2 (part), 2008; Ord. No. 19327, § 35, 4-26-2022)

El Paso City Code § 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)

El Paso City Code § 19.20.030 Parkland calculation.

19.20.030 - Parkland calculation. A. Rate. 1. Where a residential subdivision application is filed, the amount of parkland required to be deeded to the city shall be as follows: a. Single-Family and Two-Family Units. One acre of parkland for every one hundred dwelling units calculated as follows: "x" = "y"/100 Where: "x" is the amount of acres of parkland required to be deeded, and "y" is the number of dwelling units in the subdivision. b. Multifamily. One acre of parkland for every two hundred dwelling units calculated as follows: "x"=;frac;"y" × "z";200 Where: "x" is the amount of acres of parkland required to be dedicated; "y" is the gross acres of the proposed multifamily subdivision; and "z" is the density of the proposed multifamily subdivision. c. Density Calculated. In calculating the parkland requirement for residential subdivision applications where more than one unit per lot may be allowed, density shall be determined by using the gross density permitted by the zoning classification on the property (Title 20). d. The city manager or designee may waive the gross density used in the parkland calculation rate for subsection (A)(1)c. above when the subdivider verifies by means of deed restrictions or other legal instrument that the density permitted within the subdivision is less than the gross density required by subsection (A)(1)a. or (A)(1)b. of this section. The evidence shall be provided to the city manager or designee with the filing of the final plat, and shall be reviewed by the city attorney prior to city plan commission action on the final plat. Failure of the subdivider to provide this information with the filing of the final plat shall result in the gross density rates of this chapter being applied to the parkland calculation. e. Mixed-Use Developments. Subdivisions that provide a mixture of residential and nonresidential components shall meet the requirements of this chapter in the following fashion. i. Horizontal Mixed-Use Developments. For mixed-use developments where residential and nonresidential components occur in separate buildings within the same development, the residential components will meet the requirements established in Section 19.20.030 above. Nonresidential components will meet the requirements of Section 19.20.110, fees for nonresidential subdivisions. ii. Vertical Mixed-Use Developments. For mixed-use developments, where residential developments occur above or beside nonresidential development within the same building, the following requirements shall apply. (A) If the nonresidential component equals or exceeds twenty percent of the gross square footage of the development, parkland fees for the entire development shall be based on the nonresidential fee requirements of Section 19.20.110. (B) If the nonresidential component is less than twenty percent of the entire square footage of the development, parkland fees for the entire development shall be based on the number of residential units as per the requirements of subsection (A)(1)(b) above. B. Types of Parkland That May Be Dedicated. The following park configurations of land may be proposed by the subdivider to meet the dedication requirements of this chapter. The lands to be dedicated and the type of dedication to be provided shall be based on the affirmative recommendation of the director of parks and recreation and the approval of the city plan commission. If the parks director does not provide an affirmative recommendation, the developer may appeal the parks director's decision. The parks director shall provide to the developer, in writing, the reasons for the denial. The appeal will require the developer to file with the planning director an appeal within fifteen business days from receiving the parks director's decision. The appeal shall be accompanied by the following: (a) A thirty-day waiver of the thirty-day statutory requirement for approval of the subdivision plat. (b) The reasons for the appeal. Upon receipt of the appeal, the planning director shall place the appeal on the next available city plan commission meeting. The city plan commission may overturn the parks director's decision by a super majority, which shall be three-fourths of the city plan commission present and voting. In determining whether to overturn the parks director's decision, the city plan commission shall consider any evidence presented by the developer and parks director. In no instance can the city plan commission modify or vary any city code requirements. An alternative type of dedication may be recommended by the director of parks and recreation, based on the specific nature of the subject property. Any dedication that is proposed shall meet the requirements of Section 19.20.050, Standards, except as noted in this chapter. 1. Neighborhood Parks. Lands for parks that serve a neighborhood shall be of the quantity determined by the density of the residential subdivision submitted pursuant to Section 19.20.030. The developer may satisfy Section 19.20.030 by providing multiple park sites that comply with Section 19.20.050, for a residential subdivision application. 2. Dual Park-Pond. Parks and drainage retention or detention ponds may be placed side by side or combined to provide for larger and more efficient park and open space lands for neighborhoods. Conceptual cross-sections for park-pond areas are included in the subdivision standards. These conceptual drawings are intended to serve as a guideline to the designer, and modifications that meet or exceed the intent of this chapter are encouraged. All park-pond designs shall be approved by the director of parks and recreation and the city engineer or city floodplain administrator. a. Park-ponds requirements. For purposes of this subsection, the ponding area proposed for use as a park-pond shall require an affirmative approval for park usage by the director of the parks and recreation department, subject to the provisions below being met. Where acceptable, the pond portion of the park may count towards the required parkland dedication amount at ratio of one acre of park-pond for every one acre of required parkland dedication, subject to the following requirements being met. i. To be considered as a park-pond, the proposed facility must be located no further than one-half mile from all residences that it is intended to serve. The street frontage for the park-pond shall be continuous along one complete side of the park or thirty-five percent of the park perimeter whichever is greater. ii. Flat perimeter areas on the rim of the ponding basin shall be provided. These shall be a minimum of ten feet in width from the edge of the pond slope to the nearest property line to allow for a trail, landscaping and pond maintenance requirements. If abutting a seven-foot sidewalk or trail the flat perimeter area shall be a minimum of five feet. Wider and variable width areas are preferred to create a more parklike appearance. iii. A park-pond shall have a flat contiguous park area adjacent to the detention/retention basin that is not subject to periodic inundation (ten-year storm frequency). This area shall be a minimum of one-half acre in size or larger, including the area of the one closest adjacent perimeter flat zone. This area shall meet the minimum improvements requirements set forth in Section 19.20.050(B) as may be found to be warranted and applicable to a park-pond by the director of parks and recreation. For park-ponds where the pond portion is over two and one-half acres in size, the size of the upper area shall be at least twenty percent of the area of the pond. This area shall be shaped to accommodate the placement of permanent park structures such as play features, multi-purpose courts and shade pavilions. iv. Side slopes in park-ponds shall not exceed a maximum three to one horizontal to vertical slope. Flatter side slopes are recommended. v. If a two-tier park-pond is designed, then the lower tier flat area shall not be less than twenty percent of the upper tier flat area. vi. The maximum depth of the pond portion of a park-pond shall not exceed ten feet for a two-tier park-pond and six feet for a one-tier park-pond. vii. Perimeter areas around the pond shall be planted to create an attractive buffer zone around the park-pond. Plant materials and required irrigation system(s) must be installed and operational at the time the city accepts the facility. All irrigation and planting shall meet the park facilities standards referenced in Section 19.20.050. viii. Signs shall be provided to inform the public of the dual park-pond purpose and to notify them of the potential safety hazard from stormwater detention/retention. ix. Percolation tests at the bottom of the park-pond basin shall be performed according to ASTM 5126. Stormwater shall percolate within seventy-two hours or as may be approved by the city engineer or other designee of the city manager. x. A fully accessible route that meets Americans with Disabilities Act (ADA) standards to the lower park area in the basin of the pond shall be provided. xi. Grading, irrigation and turf in accordance with Section 19.20.050)B)(3)(d). xii. Credit may be provided for that portion of the park-pond that exceeds the amount of parkland required to be deeded to the city pursuant to this title if the credit to be derived is within the same park zone and upon the affirmative recommendation of the director of parks and recreation. b. Other ponds not serving as park ponds. Shall meet minimum placement, setback and landscaping requirements as established by the City of El Paso Stormwater Drainage Manual. 3. Linear park corridors and trail development. Trail corridors may be dedicated and constructed by the subdivider, and may serve as credit against required parkland, subject to the following conditions being met: a. Where adjacent to private property lines on either side of the corridor, the trail corridor shall be a minimum of thirty feet in width; b. Where the trail corridor is adjacent to a permanently preserved corridor such as a drainage channel or natural open space, the additional trail corridor width may be reduced to fifteen feet. A minimum of ten feet from the nearest edge of the trail adjacent to a private property line shall be maintained except where separated from such private property by a wall; c. If the trail corridor is located adjacent to a street right-of-way, the trial corridor shall be a minimum of fifteen feet in width as measured from the adjacent back of curb. The additional portion of the corridor that is outside of the street right-of-way and that is a minimum of five feet in width shall be credited as lands meeting the parkland dedication requirements of Section 19.20.030. d. Trails shall be a minimum of eight feet in width. Narrower trails will not count as credit towards parkland requirements. Trail surface material shall follow the requirements of the City of El Paso Park Development Standards. The City of El Paso may elect to contribute to the cost of the trail if a width wider than eight feet is deemed appropriate for that specific location; e. Public access points to the corridor shall be provided at regular intervals. The linear areas adjacent to the corridor shall have open space, street ROW, or other opportunities for immediate and safe ingress/egress along at least seventy-five percent of the corridor length on one side or the other; f. A zone that is a minimum of five feet wide along each side of the trail shall be improved with a natural non-irrigated landscape treatment, following guidelines contained in the parks facility standards referenced in Section 19.20.050. g. Trails may be built on power line or other utility corridors, but in cases with corridor lands whose ownership is not fully transferable to the City of El Paso, only the lands under built trails and those improved areas meeting the requirements of this subsection will count towards the parkland dedication requirements of this chapter. In such cases, the easement holder or right-of-way owner must provide legal acceptance allowing the trail to be built with free public access provided in perpetuity; h. Trail standards in this title and in the SDM may be modified by the city plan commission based upon the recommendation of the director of parks and recreation; i. Trail corridor lighting shall not be required where earthen trails are provided nor where corridors are located in public right-of-way and street lighting is provided. Otherwise lighting may be required by the director of parks and recreation or designee in accordance with the parks facilities standards, the SDM and the provisions of the Dark Skies section of Title 18. 4. Open space lands and arroyos—types of land that are noted as areas that should be preserved in the El Paso Open Space Master Plan, such as natural arroyos, may be used to meet the land dedication requirements of this chapter: a. For purposes of this subsection, the area open space to be used in applying the reduction shall be the acreage that is deemed acceptable for preservation by the director of the parks and recreation department and approved by the city plan commission; b. Open space lands will not be required to meet the minimum development standards of Section 19.20.050. c. One acre of open space dedication will count as one-half of an acre of required parkland dedication; d. Other open space lands, such as arroyos, that exceed the parkland requirements of this chapter, may be accepted by the City of El Paso. The City of El Paso will assume maintenance of these areas. (Ord. 16882 § 2 (part), 2008) (Ord. No. 17236, §§ 4, 27, 11-10-2009; Ord. No. 17251, § 11, 12-15-2009; Ord. No. 17528, § 1, 4-12-2011; Ord. No. 17811, § 6, 6-5-2012, eff. 6-11-2012; Ord. No. 18153, § 1, 4-1-2014; Ord. No. 19327, § 36, 4-26-2022)

El Paso City Code § 19.20.040 Review by director of department of parks and recreation.

19.20.040 - Review by director of department of parks and recreation. The director of parks and recreation, or his designee, shall make recommendations based upon the requirements of this chapter to the planning division at the appropriate time within the plat review process. Recommendations received pursuant to this chapter shall be noted on the written report prepared by the city manager or designee for the subdivision application, and shall be forwarded to the subdivider and the city plan commission, where applicable. (Ord. 16882 § 2 (part), 2008) (Ord. No. 17236, §§ 3, 8, 11-10-2009; Ord. No. 17396, § 15, 8-24-2010)

El Paso City Code § 19.20.050 Standards for deeded parkland.

19.20.050 - Standards for deeded parkland. A. General Characteristics. Parkland deeded to the city as provided in this chapter shall meet the standards set forth below and in the SDM: 1. The parkland shall be placed in a location near the center of the subdivision or subdivisions that it serves, with the expressed goal that the park is no further than one-quarter mile measured by walking distance from any residence within the subdivision that it serves; 2. Where the subdivision is an initial phase of multiple phases, the park may be located so that it is accessible to the future phases, provided that the park meets the requirements of subsection (A)(1) above; 3. Parklands submitted for dedication shall be located so that users are not required to cross arterial roads to access the park site from within the subdivision, and shall not abut an arterial except in the following circumstances: a. Parks over twelve acres may abut an arterial on one side; or b. The arterial has no more than four lanes and has on-street parking; or c. Parks permitted in subsection (B)(4)(a) (Alternate Park Type Table). 4. If the park is one acre or larger, the entire boundary of the parkland shall abut either a public or private street, dedicated open space or arroyo. Parks of less than one acre shall abut a public or private street, dedicated open space or arroyo on at least two sides. Buildings on lots that have frontage on streets that abut the park shall face the park. Residential lots may abut parkland provided that the subdivider incorporates the following standards: a. Pedestrian connectivity between the parkland and adjacent lots is provided, b. That a front build-to line, in accordance with the zoning ordinance, is delineated on the plat so that residential structures face the park, and c. The park site shall share at least one boundary line with a public or private street; 5. The parkland should, when possible, be located adjacent to school sites, ponding areas, or public open space to facilitate shared facilities; 6. When parkland is deeded to the city as required by this title, the area of the park shall be calculated from the nearest property line or street right-of-way line, and not from the existing or proposed curb line of an adjacent street, unless park features are incorporated into the parkway, subject to an affirmative recommendation by the director of parks and recreation and approval by the city plan commission. Sidewalks and signs shall not count as park features that allow the inclusion of the parkway area as part of the park area calculation; and 7. Where possible, and as approved by the director of the parks and recreation department, parkland shall be designed and located within a subdivision to allow for an extension or connection to a public park or other public recreational facility within an abutting subdivision. B. Minimum improvements for lands to be dedicated as parklands. Parkland deeded to the city shall meet the following minimum improvements described by this subsection. 1. The subdivider shall indicate the proposed parkland improvement(s) within the subdivision improvement plans as required in Section 19.08.010. 2. Construction of the required minimum parkland improvement(s) shall be in accordance with the approved subdivision improvement plans, and shall be completely installed and constructed by the subdivider within the time period specified for construction of subdivision improvements in this title. 3. An improved park shall, at a minimum, include the following: a. Paving frontage, curbing, and gutter for all street frontages abutting the outside perimeter of the parkland; b. Utility (water, sanitary sewer and electricity) extensions to the perimeter of the park at a location indicated by the director of parks and recreation and that are consistent with published EPWU rules; c. An accessible route shall be installed per the Texas Accessibility Standards (TAS) on all street frontages abutting the outside perimeter of the parkland of a minimum width and construction to provide accessibility to individuals with disabilities as provided by the Texas Accessibility Standards (TAS). The sidewalk alignment and width shall be approved by the director of parks and recreation; d. Grading, automatic irrigation and turf within the parkland boundaries shall be installed prior to the acceptance of the proposed parkland submittal. The design and installation shall be approved by the director of the parks and recreation department. The city plan commission may, upon an affirmative recommendation from the director of the parks and recreation department, allow parkland to remain undisturbed in its natural state; e. One age appropriate play structure unit entirely covered by a metal shade canopy, for either ages two—five years or ages five—twelve years, with a minimum fifty-foot by fifty-foot user zone, from an approved park department list of acceptable alternatives, including an appropriate safety surface that meets industry requirements. If a play structure already exists within a dedicated park within one-fourth mile, other comparable amenities entirely covered by a metal shade canopy of comparable size may be provided such as basketball courts, outdoor exercise stations, splash pads, or picnic tables. f. A minimum of two accessible shaded picnic tables, or four benches or a combination of benches and tables, per acre on concrete pads; g. A minimum of one trash can per acre on a concrete pad; h. Pedestrian-oriented perimeter lighting along adjacent public and private street rights-of-way and one light at the playground or focal point of the park; i. Where open space lands to be left in an undisturbed state are accepted as required parklands, grading, automatic irrigation and turf establishment requirements shall be waived; j. Standards. i. Facilities and improvements provided by a subdivider on lands dedicated as parkland shall be designed and installed to meet the minimum standards of this chapter, the SDM and the parks and recreation department as established in the parks facilities standards, a copy of which is maintained by the director of the parks and recreation department. The parks facilities standards shall be approved by the city plan commission and the city council. The parks facilities standards may be changed from time to time, but each change shall be approved by the city plan commission and the city council. ii. Facilities and improvements of a park developed for and owned by the city, regardless of whether the project is developed through City of El Paso Engineering and Capital Construction or the project is developer-generated, shall be designed and installed to meet the minimum standards of the following, or as otherwise approved by the director of the parks and recreation department, in accordance with related federal, national, state, or local codes, including but not limited to the following: 1. International Play Equipment Manufacturer's Association (IPEMA); 2. Consumer Product Safety Commission (CPSC) Handbook for Public Safety; 3. American Society for Testing and Materials (ASTM); 4. Accessibility Standards for Play Areas through the ADA Accessibility Guidelines (ADAAG); 5. Illuminating Engineering Society of North America (IESNA RP-6-01); 6. Sports Turf Management Association (STMA); and 7. American Society for Testing and Materials (ASTM F08). k. Street trees shall be provided in the parkway abutting the park at twenty-foot intervals. If the park does not abut street ROW on all sides, in addition to the street trees, shade trees shall be provided at a minimum of ten trees per one-fourth acre. 4. The subdivider may use one or more of the designs in the approved alternate park type table (a) and shall receive full credit towards parkland dedication requirements (unless otherwise stated in the table), provided all requirements listed in the table are met. In developments larger than thirty acres, at least two different park types are required. Alternate Park Type Table: Park Type | Tot. Lot | Pocket Park | Green | Plaza | Square Size | < ¼ acre | ¼—½ acre | ½—8 acres | ¼—2 acres | ½—5 acres Location | Residential/Commercial/Mixed Use | Residential/Commercial/Mixed Use | Low-Medium Density Residential | Commercial/Mixed Use/High Density Residential @ Intersection of roads on the City's MTP with street frontage on 4 sides; abutting buildings must face the plaza. | Mixed Use/High Density Residential @ Intersection roads on the City's MTP with street frontage on 4 sides; abutting buildings must face the square. Requirements | B.3.a—k; | B.3.a—k; except that e. (play structure) is required in a residential area; but any of the following may be substituted in a commercial or mixed-use area: basketball court, outdoor exercise stations or gazebo with a combined structured shade area at least 900 sf & 4 picnic tables or benches or a combination. | B.3.a—k; except that the following may be substituted with approval of Parks Director for e. (play structure) when a play structure within a dedicated park already exists within ¼ mile of the green: basketball courts, outdoor exercise stations, splash pad, gazebo with a combined structured shade area at least 900 sf & 4 picnic tables or benches or a combination, trails, amphitheaters. | B.3.a—d, f—k: primarily hardscape surface; a focal point must be provided (such as a fountain or water feature or gazebo with a combined structured shade area at least 900 sf & 4 picnic tables or benches or a combination). | B.3.a—d, f—k; a focal point must be provided (such as a fountain, water feature, splash pad, outdoor exercise stations or gazebo with a combined structured shade area at least 900 sf & 4 picnic tables, benches or a combination). Optional | N/A | Up to 10% of the dedicated acreage may be landscaped with shrubs, screenings or crushed rock. | Up to 10% of the dedicated acreage may be landscaped with shrubs, screenings or crushed rock. | Up to 10% of the dedicated acreage may be landscaped with shrubs, screenings or crushed rock. | Up to 10% of the dedicated acreage may be landscaped with shrubs, screenings or crushed rock. Conditional | N/A | N/A | 10—30% of the dedicated acreage may be open space left in an undisturbed state depending on topography, wildlife habitat, or aesthetic value; up to 50% credit for open space subject to approval of Parks Director. | N/A | N/A 5. The subdivider shall be required to submit development construction plans that conform to this title, the SDM and the parks and recreation department design, construction and specification standards. The parks and recreation department will review the construction documents for compliance with city park construction requirements. The developer must agree to standard city construction inspections of the park improvements. C. Exceptions. For purposes of this chapter, off-site dedications accepted pursuant to Section 19.20.080 shall not be required to satisfy the requirements of subsection (B)(3) of this section at the time of acceptance of the deed by the city. The city shall require the approval of a development agreement as a condition of acceptance of an off-site dedication, requiring such improvements within two years of the recording of the first subdivision plat within the development by the property owner who deeded the parkland, or a subsequent purchaser. (Ord. 16882 § 2 (part), 2008; Ord. No. 17236, § 27, 11-10-2009; Ord. No. 17251, § 11, 12-15-2009; Ord. No. 17528, § 1, 4-12-2011; Ord. No. 18153, § 2, 4-1-2014; Ord. No. 18806, § 1, 6-26-2018; Ord. No. 19327, § 37, 4-26-2022)

El Paso City Code § 19.20.060 Exclusions from dedication requirement.

19.20.060 - Exclusions from dedication requirement. Exclusions. The following shall be excluded from the calculation for parkland dedication. In all instances, the burden of proof shall be on the subdivider to demonstrate that the plat meets the requirements of this chapter: A. A residential replat of an area where the density has not been increased from the original subdivision, as evidenced by the original subdivision and replat. In the case of a replat where parkland was not originally provided, the parkland requirements shall prevail; B. A replat or an amendment to a subdivision plat where the only change to the original subdivision plat is that easements or rights-of-way are eliminated, added or changed and there is no increase in density. C. A nonresidential replat which changes the lot location or design, but where the acreage has not been increased, as evidenced by the original subdivision and replat; D. A replat which changes the use of the original subdivision from residential to nonresidential, and the fees paid (or the equivalent fees which would have been paid based on parkland dedicated) on the original subdivision are more than or equal to the fees required on the replat; E. A replat which changes the use of the original subdivision from nonresidential to residential, and the fees paid on the original subdivision are more than or equal to the fees required on the replat; F. All property within a subdivision which is zoned planned mountain development district (PMD) whether for residential or nonresidential uses, as evidenced by the official zoning map; G. Land shown within an amending subdivision where density is not increased, as evidenced by the original and amending subdivisions; or H. Land shown within a subdivision, whether residential or nonresidential, which is designated for use as a public facility. I. Land within a subdivision, whether residential or nonresidential, covered by an adaptive reuse overlay or designated as a transit oriented development (TOD) overlay, or other specially designated incentive district established by city council policy. (Ord. 16882 § 2 (part), 2008) (Ord. No. 17576, § 1, 6-7-2011; Ord. No. 17753, § 1, 3-20-2012; Ord. No. 17905, § 6, 11-6-2012)

El Paso City Code § 19.20.070 Deed conveyance.

19.20.070 - Deed conveyance. Subdivision Dedication. Parkland to be conveyed as part of a residential subdivision application shall be designated as city property on both the preliminary and final plats. At the time the recording plat is submitted, the subdivider shall deliver to the planning official a warranty deed conveying fee simple title of all parkland shown on the final plat approved by the city plan commission. The city shall join as a signatory on the subdivision, but shall have no responsibility to provide any public improvements shown within the approved final plat beyond the general responsibilities the city has to improve and maintain all of its parks. If the subdivider has deferred the obligation to install public improvements to serve a subdivision until after recordation of the final plat under this title, then the warranty deed as required in this section shall be submitted prior to final inspection of public improvements under this title. No acceptance of public improvements under this title shall be provided until the subdivider provides a warranty deed in accordance to this section. Delivery of a warranty deed does not constitute acceptance of any improvements by the city. The planning official will record the warranty deed following acceptance of the public improvements as provided in this title. (Ord. 16882 § 2 (part), 2008; Ord. No. 17236, § 3, 11-10-2009; Ord. No. 17396, § 16, 8-24-2010; Ord. No. 18998, § 1, 10-29-2019)

El Paso City Code § 19.20.080 Off-site dedication of parkland.

19.20.080 - Off-site dedication of parkland. A. Application. Where a land study is submitted by a subdivider pursuant to Chapter 19.02, the city or the subdivider may request that an off-site dedication of parkland be accepted within the corporate limits or within the areas designated in the city's extra territorial jurisdiction (ETJ), as identified on an official map kept in the office of the planning official. An application for off-site dedication of parkland shall be filed by a subdivider with the city manager or designee. B. Credit Applicability. Parkland to be deeded as part of an off-site dedication shall be entirely within the boundaries of the same park zone as the proposed subdivision. Park zone boundaries are designated by the El Paso Parks and Recreation Master Plan and are published by the City of El Paso Parks and Recreation Department. C. An off-site parkland dedication shall be an option available to the subdivider where parkland credits derived are then used to reduce by an equivalent amount any subsequent parkland requirement generated by the submission of phased residential subdivisions. The credit shall be applied to residential subdivisions submitted from within the applicable park zone. Where a parkland dedication straddles two park zones, credits shall be allowed within either park zone if approved by the city plan commission, upon an affirmative recommendation of the director of the parks and recreation department. D. Formula. 1. For purposes of determining the credit, the following procedure shall be used: a - b = c Where: "a" is the amount of parkland dedicated or deeded to the city expressed in total acres (credit); "b" is the amount of subsequent parkland acreage required to be deeded to the city pursuant to Section 19.20.030 for a residential subdivision, based on the parkland calculation rates in effect at the time of the submittal; "c" is the amount of parkland credit available from the parkland dedicated or deeded. If a reduction exceeds the credit, the difference shall be the amount of required parkland to be dedicated or deeded to the city after reduction. E. In no instance shall a parkland credit be from the value of the land dedicated or deeded in terms of fees it would have generated, or the market value of the land expressed in dollars. This parkland credit option may be exercised by the subdivider who dedicated or deeded the parkland to the city, or may be transferred to a subsequent purchaser of land within the applicable park zone(s), The subsequent purchaser must submit written proof of such a transfer to the city manager or designee. The city plan commission shall approve, upon recommendation by the director of the parks and recreation department, the residential subdivision(s) to which the credit shall be applied. (Ord. 16882 § 2 (part), 2008) (Ord. No. 17251, § 11, 12-15-2009; Ord. No. 17396, § 17, 8-24-2010)

El Paso City Code § 19.20.090 Providing private park facilities to satisfy required parkland dedication or fee requirements.

19.20.090 - Providing private park facilities to satisfy required parkland dedication or fee requirements. A. Private Park Facilities. Where park areas and recreational facilities are to be provided in a proposed single family, duplex, or multifamily development, the required parkland may be satisfied provided that the following criteria are met: 1. Facilities shall be privately owned and maintained by the future residents of the subdivision or by the owner of a rental facility. 2. Private ownership and maintenance of such areas and facilities shall be adequately provided for by recorded written agreement, conveyance, or restrictions; 3. The use of such areas and facilities shall be restricted for park and recreational purposes by a recorded covenant, which runs with the land in favor of the future owners of property and cannot be amended or removed without the consent of the city council; 4. The areas, improvements and facilities wishing to receive credit shall be reasonably similar or comparable to what would be required to meet public park and recreational needs of this chapter. B. Recreational Facilities. No credit shall be given for recreational facilities other than the land upon which those facilities are located as defined in this chapter. C. Size of Park Areas. Open turf or play areas and/or park recreational areas may be of any size provided that a total of one quarter (¼) acre total functional park space to meet the recreational needs of residents is provided. Functional park space areas may include parks, child play areas, multi-purpose courts, and other similar facilities. However, swimming pools, community, recreational or exercise buildings, and similar facilities shall not be eligible for credit. Any open turf or play area used for parkland dedication credit shall be commonly accessible by all residents and not be used in calculating minimum landscaping requirements in Title 18, any required zoning condition such as a landscaped buffer, be part of any required set back, any yard (front, side, rear) for any single-family home requirement placed as a condition to detailed site plan approval, or any other building code requirement. D. Credit Calculation. 1. One acre of private parkland shall count as credit for one-half acre of the required parkland dedication. The parkland requirement may be satisfied in its entirety by providing private parkland which meets the criteria in this section. 2. If the required parkland dedication cannot be completely satisfied by providing private parkland, any remaining requirement can be satisfied as follows: a. Through the dedication of public parkland. b. Through improvements to existing parkland in the same park zone, provided that if the improvement costs are above $50,000.00 a developer participation agreement is entered into and complies with the provisions of the state statute that governs developer participation agreements or if below $50,000.00, a developer's agreement is entered into. c. Payment of fees. E. All private parkland dedication and improvements, improvements to existing parkland, or fees in lieu of dedication, or in combination shall require the approval of the city plan commission upon the affirmative recommendation of the director of parks and recreation. F. The director of the parks and recreation department in the annual report required in 19.20.120 G. shall report the amount of private park land accepted for credit by the city plan commission at the time of plat approval. (Ord. 16882 § 2(part), 2008) (Ord. No. 17238, § 1, 11-17-2009)

El Paso City Code § 19.20.100 Provision for construction of additional facilities on new or existing public parklands in lieu of park fees.

19.20.100 - Provision for construction of additional facilities on new or existing public parklands in lieu of park fees. A. Applicability. The city plan commission, upon an affirmative recommendation of the director of the parks and recreation department, may reduce the fees in lieu of parkland to be paid to the city as part of a subdivision application where additional recreational facilities beyond the minimum required improvements are provided. Up to a one hundred percent reduction of fees in lieu of parkland from the initial parkland dedication requirement proposed for single-family, two-family or multifamily development may be reduced depending upon the need for additional recreational facilities on new or existing parks. B. Park locations in which the additional recreational facilities beyond the minimum required improvements can be provided are as follows: 1. Parks within the park zone of the subdivision application that generates the required fees, provided that if the improvement costs are above $50,000.00 a developer participation agreement is entered into and complies with the provisions of the state statute that governs developer participation agreements and if below $50,000.00, a development agreement is entered into. 2. Park within adjacent park zones if there is no park within the park zone of the subdivision generating the fees, provided that if the improvement costs are above $50,000.00 a developer participation agreement is entered into and complies with the provisions of the state statute that governs developer participation agreements and if below $50,000.00, a development agreement is entered into. C. Additional recreational improvements may include but are not limited to: 1. Play structures for children ages two to five from an approved parks and recreation department list of acceptable alternatives, including safety surface and perimeter rock wall; 2. Play structures for children ages five to twelve from an approved parks and recreation department list of acceptable alternatives, including safety surface and perimeter rock wall; 3. Multipurpose, basketball or volleyball courts; 4. Picnic areas with a minimum of three tables with metal shade covers on concrete pads and trash receptacles; 5. Swings with safety surface and perimeter rockwall; 6. Tree plantings and additional landscaping. D. In no instance shall a reduction be approved for required improvements to parkland as provided in Section 19.20.5(C), nor shall a reduction be approved for recreational improvements to parkland which are required to be provided by the sub-divider as part of a separate legal instrument, condition, covenant, contract, agreement, sale, ordinance or annexation agreement. E. Validation of Costs. The sub-divider shall provide documentation to the city manager or designee at the time of final plat application filing sufficient to establish the validity of the estimated cost(s) that will be used to determine the reduction in fees under this chapter. The documentation shall accompany the request for a reduction in fees. The director of the parks and recreation department shall evaluate the documentation submitted and shall approve the value and percentage of reduction prior to any reductions given under this chapter. In cases where the estimated cost(s) of the improvement(s) is disputed, the value shall be as finally determined by the director of the parks and recreation department. F. Improvements Completion Schedule. The developer participation agreement or development agreement shall contain a completion schedule for improvements proposed by a sub-divider and shall be submitted to the city manager or designee at the time the final plat application is filed. Improvement(s) to be provided by a sub-divider pursuant to this chapter shall be shown on the subdivision improvement plans as required in Chapter 19.20. Construction of the improvement(s) shall be completed in accordance with the time periods specified in the developer participation agreement or development agreement. Failure to complete the improvement(s) within the approved schedule shall be a violation of this chapter. G. As part of the developer participation agreement or development agreement, the developer shall provide a performance bond or irrevocable letter of credit and a payment bond if required by statute, to the planning official for the value of the proposed improvements at the final plat application for the plat receiving the credit. (Ord. 16882 § 2(part), 2008) (Ord. No. 17236, § 6, 11-10-2009; Ord. No. 17238, § 2, 1-17-2009; Ord. No. 17396, § 18, 8-24-2010)

El Paso City Code § 19.20.110 Fee in lieu of parkland dedication.

19.20.110 - Fee in lieu of parkland dedication. A. When Applicable. 1. Residential Subdivisions. The city may require a cash payment in lieu of parkland dedication under the following circumstances: a. When an area of parkland less than one acre is required to be dedicated, or less than two acres if there is an existing park within one-half mile, and upon the recommendation of the director of parks and recreation and the city plan commission; b. Where the director of parks and recreation determines that the park needs of the subdivision would be better served by developing other parks in the same park zone; c. In instances where the parkland to be dedicated does not meet the standards set forth in this chapter; d. In instances where the required parkland dedication meets or exceeds two acres, the city plan commission, upon the recommendation of the director of parks and recreation, may require a reduction in land dedication of up to twenty-five percent and payment of the balance of the required dedication in improvements to the site or in fees in lieu of land dedication. e. When the city accepts a combination of the following: parkland dedication, cash payment in lieu of land dedication, or bonus reductions received pursuant to Section 19.20.090. 2. Nonresidential Subdivisions. The subdivider shall be required to pay fees in lieu of the dedication of parkland dedication for all nonresidential subdivisions applications. Where the director of parks and recreation recommends that the park needs of that park zone would be better served by preserving existing open space lands on the property or by developing other parks in that park zone, the following alternatives may be used. a. Where open space lands that meet the types noted for preservation in the City of El Paso Open Space Master Plan occur in the nonresidential subdivision, the city may accept a dedication of open space lands in lieu of, or in combination with the payment of park fees. The value of the land to be dedicated shall be equivalent to the fee amount required for that subdivision, and the proposed dedication must be at least one acre in size. b. An amount equal to the fee required for the nonresidential subdivision may be used by the subdivider to provide additional park facilities in an existing or proposed park within the existing park zone. The types of facilities to be provided and the proposed location for those facilities shall be subject to approval by the director of parks and recreation. B. Fee Calculation. Where the city requires or accepts payment of cash in lieu of the dedication of parkland, such payment shall be equivalent to the following: 1. Residential Subdivisions. a. Single-family and two-family: one thousand three hundred seventy dollars per dwelling unit; b. Multifamily: six hundred eighty dollars per dwelling unit. 2. Nonresidential Subdivisions. One thousand dollars per gross acre multiplied by the number of acres rounded to two decimal places, with a minimum of three hundred and thirty-three dollars for a subdivision of less than one-third acre. 3. These fees shall be indexed to any increase in the National Consumer Price Index (CPI) and adjusted no less frequently than every three years. C. Form Tendered. A cash payment made pursuant to this chapter shall be tendered in the form of a cashier's check, payable to the City of El Paso. The cashier's check shall be submitted to the city manager or designee and shall accompany the recording plat submission. D. Refunds. Under no circumstance shall fees received in lieu of parkland dedication required by this chapter be refunded to a subdivider, except as provided in Section 19.20.120(D). E. In a subdivision where the density calculation for parkland results in a park site of less than one acre and the developer has paid fees in lieu of dedicating parkland, should the developer, within a period of three years following the recording of the initial subdivision, submit a plat for development of land contiguous to the land in which parkland fees were paid, the city shall have the option of refunding to the developer an amount equivalent to those parkland fees paid for the previous development and calculating the parkland requirements for the new subdivision plat based on the density for both the previously submitted subdivision plat and the new subdivision plat. The calculation shall be based upon the parkland dedication requirements in effect at the time of each subdivision plat submittal. For purposes of this subsection, a refund shall be made from park fees collected and available from within the applicable park zone for each subdivision. (Ord. 16882 § 2 (part), 2008) (Ord. No. 18348, § 1, 4-28-2015)

El Paso City Code § 19.20.120 Parkland fees special fund.

19.20.120 - Parkland fees special fund. A. Fund Established. The city shall establish a special fund for the deposit of all sums paid in lieu of parkland dedication pursuant to this chapter. The city shall account for all sums paid in lieu of parkland dedication with reference to the individual subdivisions involved, and all sums received shall be committed by the city within three years from the subdivision recordation. If an extension is granted for the subdivision recordation or subdivision improvements, the same extension shall apply to the time for commitment of park fees. B. When Funds are Considered to be Committed. For purposes of this chapter, funds shall be considered committed: 1. When funds are encumbered for expenditure on equipment and materials; 2. When funds are set aside under an earnest money agreement for the purchase of parkland; 3. When funds are to be awarded under a bid in process; (or) 4. When funds encumbered are not expended because of delays by reason of strikes, court action or any similar impediment which renders it impossible or illegal to spend the money. C. Time Extensions. Where the sums cannot be committed within the initial three-year time period, the director of the parks and recreation department may request time extensions for expenditure of the sums from the city plan commission in one-year intervals; except that no more than two one-year time extensions may be granted by the city plan commission. The extension request(s) shall be submitted in writing to the city manager or designee sixty days prior to the expiration period for sums to be committed by the city, and shall include a detailed justification for the extension request(s). If an extension is granted for the subdivision recordation or subdivision improvements, the same extension shall apply to the time for commitment of park fees. D. Refund. If a developer has proof of payment of fees in lieu of park dedication for an approved subdivision, but the developer subsequently abandons development of the property as shown on the approved subdivision and conveys the property to the City for the sole purpose of use as public open space, the developer is entitled to a full refund at the time of the conveyance. (Ord. 16882 § 2 (part), 2008) (Ord. No. 18153, § 3, 4-1-2014; Ord. No. 18348, § 2, 4-28-2015)

El Paso City Code § 19.20.130 Applicability.

19.20.130 - Applicability. A. Subdivision Related Dedication. 1. Submittal received on or after June 11, 1996. a. Subdivision. A subdivision application filed with the city manager or designee on or after June 11, 1996 shall be subject to the parkland dedication regulations as herein codified. b. Off-Site Dedication. Parkland proposed as an off-site dedication which application is filed with the city manager or designee on or after June 11, 1996 shall be subject to the parkland dedication regulations as herein codified. 2. Submittal prior to June 11, 1996, pursuant to Ordinance No. 9645, enacted February 28, 1989. a. Subdivision. i. Application in Process. A subdivision application filed as a preliminary plat, preliminary/final plat, final plat, correction plat or replat with the city manager or designee before June 11, 1996 shall be subject to the parkland dedication regulations contained in Ordinance No. 9645 enacted on February 28, 1989, except that this provision shall not apply to any application which expires before the subdivider obtains final approval, disapproval or conditional approval of the plat or replat. ii. Recorded Plat. Parkland deeded to the city as part of a recorded subdivision before June 11, 1996 shall be subject to the parkland dedication regulations contained in Ordinance No. 9645 enacted on February 28, 1989. b. Off-Site Dedication. i. Application in Process. Parkland proposed as an off-site dedication which application was filed with the city manager or designee before June 11, 1996, and where the city accepts the off-sitededication after the effective date of the ordinance codified in this chapter, shall be subject to the parkland dedication regulations contained in Ordinance No. 9645 enacted on February 28, 1989, except as follows: (A) When a reduction option is exercised by the property owner to a subsequent parkland requirement within the same park zone, the reduction shall be based on the parkland calculation rates and densities in effect at the time a subdivision is filed with the city manager or designee. The reduction shall be on an acreage basis, and shall not be from the value of the land dedication in terms of fees it would have generated, nor the market value of the land expressed in dollars, unless otherwise provided in the agreement by which the city accepted the off-site dedication. (B) The area of the parkland deeded to the city as an off-site dedication shall not include the area to the centerline of a proposed public accessway to be dedicated through a subsequent subdivision, unless otherwise provided in the agreement executed by the city accepting the off-site dedication, or unless a public accessway fronting the parkland is dedicated as part of the off-site dedication. ii. Off-Site Dedication Accepted by City. Parkland accepted by the city as an off-site dedication before June 11, 1996 shall be subject to the parkland dedication regulations contained in Ordinance No. 9645 enacted on February 28, 1989, except as follows: (A) When a reduction option is exercised by the property owner to a subsequent parkland requirement within the same park zone, the reduction shall be based on the parkland calculation rates and densities in effect at the time a subdivision is filed with the city manager or designee, and the reduction shall not be from the value of the land dedication in terms of fees it would have generated, nor the market value of the land expressed in dollars, unless otherwise provided in the agreement by which the city accepted the off-site dedication. (B) The area of the parkland deeded to the city as an off-site dedication shall not include the area to the centerline of a proposed public accessway to be dedicated through a subsequent subdivision, unless otherwise provided in the agreement executed by the city accepting the off-site dedication, or unless a public accessway fronting the parkland is dedicated at the same time as the off-site dedication. 3. Dedication of Parkland Prior to Ordinance No. 9645, enacted February 28, 1989. Where a subdivider dedicated parkland through an approved and valid land study (concept plan) prior to Ordinance No. 9645, that dedication may be reduced from the amount of parkland required in this title for any subdivision application filed within the original land study (concept plan) boundaries of the then-approved park zone. Where a reduction option is applied by the property owner to a subsequent parkland requirement, the reduction shall be based on the parkland calculation rates and densities in effect at the time a subdivision application is filed with the city manager or designee, and shall be on an acreage basis. A reduction shall not be from the value of the land dedication in terms of fees it would have generated, nor the market value of the land expressed in dollars, unless otherwise provided in an agreement executed by the city accepting the parkland. B. Dedication through Non-Subdivision. Where the city accepted or required parkland which was not part of a subdivision-related dedication, and which was executed through an approved development agreement or other legal instrument prior to the effective date of the ordinance codified in this chapter, that dedication shall not be subject to the reduction option for a subsequent parkland requirement generated within a subdivision as provided in this title, unless otherwise provided in the agreement or other legal instrument executed by the city, or unless the agreement in which the park committed was executed prior to February 28, 1989. Where authorized, a reduction shall be based on the parkland calculation rates and densities in effect at the time a subdivision is filed with the city manager or designee. The reduction shall not be based on the value of the land dedication in terms of fees it would have generated, nor the market value of the land expressed in dollars. C. Documentation Required. Where a reduction in the parkland dedication requirement of this title is requested on the basis of parkland dedicated prior to June 11, 1996, the subdivider shall submit to the city manager or designee the proper evidence to demonstrate that the provisions of this title governing applicability are applicable. The evidence may include, but shall not be limited to, the following: a copy of the filed deed conveying fee simple title to the parkland to the city, or other legal documentation demonstrating that the parkland is required to be dedicated to the city; a copy of an approved and valid land study (concept plan), where applicable; and a copy of the park zone approved as part of an off-site parkland dedication, where applicable. If a subdivider fails to submit the proper evidence as herein required, the requirements of this title as enacted on June 11, 1996 shall apply to all land within the boundaries of the original land study (concept plan) or approved park zone not previously platted, and no credit shall be given for previously dedicated parkland. (Ord. 16882 § 2 (part), 2008) (Ord. No. 17236, § 27, 11-10-2009)

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_CH19.20PAOPSPFetched: 10/28/2026