Timing of public improvements, permit issuance.
El Paso City Code § 19.08.020
in effect19.08.020 - Timing of public improvements, permit issuance.
A. Completion Prior to Final Plat. Except as provided below, after approval of a preliminary plat and before an approved final plat is recorded, the installation of all public improvements required to serve the subdivision, whether to be located off-site or on-site, including water, wastewater, drainage, roadway, park and open space improvements, shall be finally completed and accepted in accordance with the approved subdivision improvement plans.
1. Park and open space improvements in this instance refer to public parks and public open space being constructed as part of the development by the developer.
2. If the development is being constructed in phases, and is platted in phases, park and open space improvements shall be completed as phases are constructed.
3. The installation of improvements required for proper drainage and prevention of soil erosion on individual residential lots, and improvements on any common areas shall be completed prior to final plat recordation in accordance with the approved subdivision improvement plans, except as provided below.
B. Installation After Final Plat Recordation. The city manager, or designee, upon request of the applicant, may defer the obligation to install one or more public improvements to serve the subdivision for a period of up to three years after final plat approval. Deferral of the obligation to install public improvements for more than three years after final plat approval shall be conditioned on sufficient security as required in Section 19.08.040.
C. Off-Site Easements. All off-site easements required for installation of off-site public improvements to serve the subdivision or development shall be acquired by the subdivider or developer and conveyed by an instrument in a form approved by the city attorney or the EPWU for water and wastewater easements.
D. Permit Issuance.
1. Grading Permits. Any grading within the corporate limits or within the extraterritorial jurisdiction shall conform to the applicable portions of Chapter 18.44 (Grading) of this Code. Properties not required to file a subdivision application pursuant to this title shall only be subject to the requirements of Chapter 18.44.
a. Borrow or waste permit. A borrow or waste permit shall be issued by the city manager or designee pursuant to the requirements of Chapter 18.44.
2. Building Permits.
a. Plat recordation prior to issuance of permits: Whenever a subdivision is required by this title, no building permit shall be issued for any lot until the subdivision has been recorded and the requirements of Title 18 (Building and Construction) of this Code have been satisfied, except on industrial, commercial and multi-family developments, foundation or building permits may be issued by the building official prior to the plat being filed if:
i. On lots with only one industrial or commercial building, improvement plans for the subdivision have been reviewed and approved by the City and the improvements are in process.
ii. On industrial, commercial and multi-family developments, lots with multiple buildings, or in subdivisions with multiple single family residential lots, permits for up to fifty percent of the buildings or fifty percent of the single family lots may be issued, provided improvement plans for the subdivision have been reviewed by the City and the improvements are in process. If the permits for more than fifty percent of the buildings or single family residential lots are requested, sufficient security as required by Section 19.08.040 must be provided in a form acceptable to the city manager, or designee, and accepted by the City prior to the issuance of foundation or building permits.
iii. The final signed copies of the plats for recordation have been delivered to the City to hold until the agreed upon recording date, along with all fees, certificates and until all other recording requirements have been met.
iv. Sidewalks, landscape, and curb ramps on subdivisions within City limits may be deferred until building permits are requested for residential lots; except sidewalks, landscape and curb ramps at the rear of double frontage lots must be installed, inspected, approved and accepted by the City prior to building permits being issued.
b. Subdivision improvements required prior to issuance of permits: No building or foundation permit shall be issued for any lot, or portion thereof, within the subdivision until such time that the required subdivision improvements serving that lot have been completely installed, inspected, approved and accepted by the city as required in Section 19.08.050 of this title, except as follows:
i. On lots with only one industrial or commercial building, improvement plans for the subdivision have been reviewed and approved by the city and the improvements are in process.
ii. On industrial, commercial and multi-family developments, lots with multiple buildings, or in subdivisions with multiple single family residential lots, permits for up to fifty percent of the buildings or fifty percent of the single family lots may be issued, provided improvement plans for the subdivision have been reviewed by the city and the improvements are in process. If the permits for more than fifty percent of the buildings or single family residential lots are requested, sufficient security as required by Section 19.08.040 must be provided in a form acceptable to the city manager, or designee, and accepted by the City prior to the issuance of foundation or building permits.
iii. Under no circumstance will construction be allowed beyond the foundation stage until such time as fully charged fire hydrants and a drivable surface acceptable to the fire marshal have been provided to such site.
3. Occupancy Permits. Whenever a subdivision plat is required by this title, no occupancy permit shall be issued for any lot, or portion thereof, within the subdivision until such time that the required subdivision improvements serving that lot have been completely installed and inspected and approved by the city as required in Section 19.08.050 of this title or security has been provided in accordance with Section 19.08.040. For purposes of this subsection, required subdivision improvements serving a lot shall mean the improvements to the street abutting the lot and extending to the nearest intersecting street outside the subdivision, and any required water, wastewater, drainage, fire protection or other utilities as required by the building official, or designee.
E. Curb and gutter construction may be started prior to approval of all subdivision improvement plans provided the grading and paving plans have been approved and a permit has been issued by the city manager or designee. The risk for starting such construction prior to approval of all subdivision improvement plans shall be borne entirely by the subdivider.
(Ord. 16882 § 2(part), 2008) (Ord. No. 17236, §§ 12, 27, 11-10-2009; Ord. No. 17517, § 1, 3-29-2011; Ord. No. 18056, § 10, 8-6-2013; Ord. No. 18309, § 1, 1-20-2015; Ord. No. 18971, § 13, 9-3-2019)
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_CH19.08COPLMA_19.08.020TIPUIMPEISFetched: 10/28/2026