ROADWAYS

El Paso City Code tit. 19, art. 2, ch. 19.15

in effect

El Paso City Code § 19.15.010 Adequacy of streets and thoroughfares.

19.15.010 - Adequacy of streets and thoroughfares. A. Responsibility for Adequacy of Streets and Thoroughfares. The property owner shall assure that the subdivision is served by adequate streets and thoroughfares, and shall be responsible for the costs of rights-of-way and street improvements, in accordance with the following policies and standards, and subject to the city's cost participation policies on oversized facilities. Additional right-of-way may be required at some street intersections to accommodate utilities, sidewalks, traffic control devices and/or sight distances. B. General Adequacy Policy. Every subdivision shall be served by improved streets and thoroughfares adequate to accommodate the vehicular, bicycle and pedestrian traffic to be generated by the development. Adequacy as it relates to public improvements including roadways is attained by complying with the requirements and standards of this title, the SDM and all related city ordinances. Proposed streets shall provide a safe, convenient and functional system for traffic circulation; shall be related to the city's thoroughfare plan, road classification system, comprehensive plan and any amendments thereto; and shall be appropriate for the particular traffic characteristics of each development. C. Road Network. New subdivisions shall be supported by a road network having adequate capacity, ingress/egress, safe and efficient traffic circulation and roadway network connectivity. The adequacy of the road network for developments that meet the requirements of Section 19.18.010(B), traffic impact studies (TIA), shall be demonstrated by preparation and submission, prior to or along with land study or the preliminary plat application, of a traffic impact analysis prepared in accordance with Chapter 19.18 (Traffic Impact Analysis). The study shall address accommodating traffic generated by the development, land to be developed in common ownership and other developed property. 1. In the event the property to be developed is intended as a phase in a larger development project, or constitutes a portion of the land to be ultimately developed, the city manager, or designee may require a demonstration of adequacy pursuant to this article for additional phases or portions of the property as a condition of approval for the proposed preliminary plat. D. Major and minor arterials, collectors and other thoroughfares appearing on the city's adopted bike plan shall have bicycle facilities installed in accordance with the Street Design Manual. For major and minor arterials, collectors and other thoroughfares not appearing on the city's adopted bike plan, bicycle facilities may be constructed on one side or both sides of the street. E. Traffic Calming. Traffic calming may be provided by the developer or may be required in accordance with the adopted Neighborhood Management Policy and in accordance with the SDM by the city manager or designee. (Ord. 16882 § 2 (part), 2008; Ord. No. 19327, § 19, 4-26-2022)

El Paso City Code § 19.15.020 Subdivider responsibility.

19.15.020 - Subdivider responsibility. A. Safety, Convenience, Functionality. Proposed roads serving new development shall provide a safe, convenient and functional system for vehicular, bicycle and pedestrian circulation and shall conform to the applicable master thoroughfare plan and any amendments thereto, and shall be appropriate for the particular traffic characteristics of each proposed subdivision or development. New developments shall be supported by a thoroughfare network having adequate capacity, and safe and efficient traffic circulation as determined by staff and/or a traffic impact analysis. B. Streets, Generally. All streets, including curb and gutter improvements, sidewalks, and required infrastructure shall be provided by and at the expense of the subdivider, subject to the rough proportionality provisions of this title. The subdivider shall dedicate all rights-of-way in accordance with subsection C of this section. The subdivider shall install streets at all locations and in accordance with all standards required by this title. 1. The subdivider shall pay the cost of all such improvements, except as follows: a. Arterial Streets and Collectors Within Subdivision Boundaries. If the right-of-way for any arterial or collector street lies entirely within the boundaries of any subdivision or portion thereof, the city shall have the option of designing the arterial or collector and/or of being responsible for awarding the contract for construction of required improvements, or allowing the subdivider to arrange for the construction of such arterial provided developer/city participation is in accordance with state bidding statutes. The subdivider shall deposit his share of construction costs with the city prior to award of the contract. The subdivider's share shall include the cost of pavement, curb and gutter, and sidewalks for a street thirty-six feet wide or the roughly proportional share as determined by a TIA. b. Arterial and Collector Streets Bordering Subdivision Boundaries. If the right-of-way of any arterial or collector street forms part of the subdivision boundary, the subdivider shall dedicate the right-of-way and either improve the street in conformance with this title and Section 19.10.050 or contribute to the city an amount of money equal to that necessary to improve the street in conformance with this title and Section 19.10.050. All money received from subdividers for improving boundary streets shall be deposited in an appropriate fund(s) of the city. When the city council resolves to design and improve a bounding arterial or collector street to standards appropriate to its use, then the assessment fund or similar funds shall be utilized in payment of necessary construction costs. c. Improving State or Federally Owned Right-of-Way. If the right-of-way for any thoroughfare owned by the state or federal government lies within or adjacent to the subdivision, the subdivider shall not be required to pave any portion of it. The subdivider shall, however, arrange to construct or contribute to the city an amount of money equal to that necessary to furnish curb and gutter and sidewalk improvements to any state- or federally-owned arterial lying within or adjacent to the subdivision, if adequate improvements do not already exist but are determined to be necessary within the next ten years and are not funded by others. The developer may also be required, based on the TIA, to contribute their rough proportional share of additional frontage road lanes, acceleration or deceleration lanes or bus turnouts. Funds shall be deposited and disposed of in a fashion similar to that described in the preceding paragraph (1)(b) of this subsection, concerning improvements to arterial streets bordering subdivision boundaries. 2. Existing Boundary Streets for Small Subdivisions. If the right-of-way of an existing street forms part of the boundary for a subdivision meeting all of the following conditions, the subdivider shall have the option to make the contribution to the city for the cost of required street improvements, as determined by the city manager or designee. 3. Alleys. Where provided, alleys shall be installed and improved in accordance with all standards required by this title and the SDM. Alleys shall be provided by and at the expense of the subdivider. (Ord. 16882 § 2 (part), 2008) (Ord. No. 17236, § 27, 11-10-2009; Ord. No. 17251, § 9, 12-15-2009; Ord. No. 19327, § 20, 4-26-2022)

El Paso City Code § 19.15.030 Street/thoroughfare escrow policies and procedures.

19.15.030 - Street/thoroughfare escrow policies and procedures. A. Request for escrow. Whenever this title requires a property owner to construct a street or thoroughfare, or other type of public improvement, the property owner may petition the city manager or designee to construct the improvement at a later time, in exchange for deposit of escrow as established in subsection B below, if unusual circumstances exist, such as a timing issue due to pending improvements by another agency such as TXDOT or the County of El Paso, that would present undue hardships demonstrated in the petition or that would impede public infrastructure coordination or timing. If more than one street or thoroughfare must be constructed in order to meet adequacy requirements for roadways, the city manager, or designee may prioritize roadways for which escrow is to be accepted and require the deposit of all funds attributable to the development in escrow accounts for one or more of the affected roadways. The city manager, or designee, shall review the particular circumstances involved and may require a traffic impact analysis with both roadway and traffic mitigation recommendations. The city manager, or designee, shall determine whether or not provision of escrow deposits will be acceptable in lieu of the property owner's obligation to construct the street or thoroughfare. B. Escrow deposit with the city. Whenever the city manager or designee agrees to accept escrow deposits in lieu of construction by the property owner/developer, the property owner/developer shall deposit in escrow with the city an amount equal to the property owner's/developer's share of the costs of design, construction, permits, reviews and approvals, inspections, and any additional land acquisition, will be used to ensure that the actual "future dollar" costs will be covered when actual construction occurs in the future. This amount shall be reviewed and approved by the CPC upon recommendation by the city manager or designee, and shall be paid prior to recording of the final plat. The obligations and responsibilities of the property owner/developer shall become those of the property owner's transferees, successors and assigns; and the liability therefore shall be joint and several. 1. Determination of escrow amount. The amount of the escrow shall be determined by using comparable "turnkey" costs for construction of the improvements (including design, permits, reviews and approvals, inspections and any additional land acquisition that may be needed). The determination of the escrow amount shall be made as of the time the escrow is due hereunder, and shall be subject to the review and approval of the city manager or designee. 2. Termination of escrow. Escrows, or portions of escrowed amounts, which have been placed with the city under this chapter and which have been held for a period of five years from the date of such payment or agreement, in the event that the city has not committed or encumbered the funds, approved a contract or authorized the preparation of plans and specifications for construction of such roadway facilities for which the escrow was made, shall, upon written request, be returned to the original property owner/developer. Such return does not remove any obligations of the property owner/developer for construction of the required facilities if a building permit has not been issued on the subject lot(s) or if application for a new building permit(s) is made. 3. Refund. If any street or highway for which escrow is deposited is constructed by a party other than the city, or is reconstructed by another governmental authority at no cost to the city, the escrowed funds shall be refunded to the property owner/developer that deposited funds into escrow after completion and acceptance of the public improvements. In the event that a portion of the cost is borne by the city and the other portion of the cost by another party or governmental authority, the difference between the property owner's actual proportionate cost and the escrowed funds, shall be refunded after completion and acceptance of the improvements. (Ord. 16882 § 2 (part), 2008) (Ord. No. 17236, § 27, 11-10-2009; Ord. No. 18056, § 13, 8-6-2013)

El Paso City Code § 19.15.040 Public right-of-way, alley, or public easement vacation.

19.15.040 - Public right-of-way, alley, or public easement vacation. A. Public easements. The vacation of public easements shall be achieved by a Replat, a Vacation Plat, or a separate instrument. If such was originally dedicated to the City by a Plat, then a Replat or a Vacation Plat may be required for vacation. If such was dedicated by a separate instrument, then a Replat or Vacation Plat shall not be required, but such vacation shall be accomplished by separate instrument in accordance with the terms and conditions specified under the dedicatory instrument. Vacation of a temporary drainage easement, drainage area or other temporary dedication of land to the City shall be in accordance with the dedicatory language contained in the dedicatory instrument. B. Alleys and public rights-of-way. A property owner whose property abuts an alley or right-of-way located within the corporate limits, may apply to the city for a vacation, in whole or in part, of the abutting alley or right-of-way. If no improvements have been made to the alley or right-of-way, such vacation may be obtained either by following the process for vacation of a recorded subdivision or resubdivision as described in Section 19.07 of this title or by complying with the requirements of this Section. If improvements have been made to the alley or right-of-way, such vacation may be obtained only by complying with the requirements of this Section. C. Application required. An application for vacation of public easements, alleys and rights-of-way, a copy of which is on file with the office of the planning official, accompanied with the following submittal requirements shall be submitted to the city manager or designee: 1. A nonrefundable processing fee as approved by city council. 2. The written concurrence of all persons who own property abutting the public easement or right-of-way proposed to be vacated. 3. Copies of recorded deeds showing current ownership of all properties abutting the public easement or right-of-way proposed to be vacated. 4. Eighteen copies of a survey of the area requested for vacation, showing all abutting property boundaries, improvements (noting whether such improvements are to be removed or are to remain), drainage structures, dimensions and other easements or rights-of-way contained on the property. Such survey shall be prepared by a surveyor (must be sealed) and must contain the following information: a. Illustrate the existing and proposed drainage patterns, conditions, and what will be modified. Provide drainage easement(s) for any existing active underground drainage pipe and drop inlet(s) located within the property, also for surface drainage flow of storm water crossing the subject property. b. Provide flood zone designation and illustrate flood zone encroachments, if applicable. c. A metes and bounds description of the property to be vacated and calculations showing the area in square feet. d. A location map at a scale of one inch equals six hundred feet which provides identification of the proposed vacation in relation to features such as local streets, arterial streets, schools and other features, on a separate 8½ × 11 sheet. e. One copy of the subdivision plat or instrument by which the public easement or right-of-way was dedicated, showing the recording information. D. Review for application completeness. The city manager or designee, shall, upon receipt of an application for vacation of public easements, alleys and rights-of-way, review the application to determine whether or not the application meets all of the requirements for submittal required above. An application not meeting all of the submission requirements shall be returned to the property owner within five working days following the date of acceptance for review of application completeness, indicating the information which is lacking on the application. For purposes of this procedure, the date of acceptance of an application for review of application completeness shall not be counted as the first day of the five working day review period. If an application accepted for review of application completeness is not returned to the property owner within the five working day review period, the application shall be deemed accepted. E. Procedure and notice. 1. Procedure. a. Upon acceptance of an application for vacation of public easements, alleys and rights-of-way, the city manager or designee shall distribute the application to affected departments. Written comments and recommendations on the application shall be submitted to the city manager or designee within one week from the date of distribution. All objections to the application shall be submitted in writing. Comments and recommendations not submitted or received within the specified time period shall result in comments not being considered by the city manager or designee, and shall require that the affected member's late comments and recommendations be made directly to the city plan commission. b. The city manager or designee shall present the application to the city plan commission with a recommendation of approval, approval with modifications or disapproval, subject to any written comments and recommendations. c. The city manager or designee shall compile a report of the written comments and recommendations of city staff, which shall be submitted to the city plan commission. A copy of this report shall be provided to the property owners making the application at least three working days prior to the commission hearing. d. Upon a favorable recommendation from the city plan commission on the application to vacate a public easement, the city manager or designee shall forward the information to the city attorney for preparation of the vacation ordinance. The city manager or designee shall forward the ordinance to the city council for approval. e. Upon a favorable recommendation from the city plan commission on the vacation of alleys and rights-of-way, the city manager or designee shall forward the information to the city attorney for preparation of the vacation ordinance and for securing the necessary appraisal or alternate method to establish market value. f. Upon completion of establishing the market value of the alley or rights-of-way, the city manager or designee shall forward the ordinance to the city council for approval. 2. Public hearing notice. a. Public easement vacations. Notice to property owners regarding the city plan commission and the city council hearings shall not be required when the application is for vacation of public easement. b. Alley and public right-of-way vacations. Notice for city plan commission and city council hearing shall be mailed by the city manager or designee to all property owners: (a) Abutting an alley or public right-of-way proposed to be vacated; (b) Within the block contiguous to the alley or public right-of-way proposed to be vacated; and (c) Within a two hundred foot radius of the alley or public right-of-way proposed to be vacated. Notice shall be given at least ten days prior to the public hearing. Property ownership shall be determined by reviewing the last approved ad valorem tax roll of the city available. In addition, the city manager or designee shall place a legal notice in a newspaper of general circulation in the city or as otherwise provided by state law regarding information of the public hearing before the city plan commission on the public right-of-way proposed to be vacated. Notice shall appear in the newspaper ten days prior to the public hearing date. F. Appeal of city plan commission denial. No vacation ordinance shall be prepared or submitted to the city council where the city plan commission recommends disapproval of an application for vacation of a public easement, alley or right-of-way. The applicant may, in writing, request an appeal to city council by placing an item on the agenda at a regularly scheduled city council meeting. The appeal must be made within fifteen days of the denial by the city plan commission in the office of the city clerk. The city council may deny the appeal or may direct the preparation of the vacation ordinance. G. Appraisal required for vacation of an alley or public right-of-way. 1. General. Where required by state law, an appraisal shall be made for an application for vacation of an alley or public right-of-way. The applicant shall pay for all appraisal fees incurred by the city. The appraisal shall be requested to determine the market value of the city's interest in the alley or public right-of-way. The cost of the appraisal will be reimbursed to the city by the applicant whether or not the application is finally approved by the city council. The applicant shall submit a check payable to the city for all appraisal fees before the application is forwarded to the city council for finalization. No appraisal shall be required for an application for vacation of a public easement. In all cases, the market value of the city interest in a public easement to be vacated shall be the equivalent value of twenty-five dollars. 2. Date of valuation. The date for establishing the market value of the alley or public right-of-way proposed to be vacated shall be the date the application is accepted by the city manager or designee. 3. Case of Disputed Value. If the first appraisal obtained by the city is disputed by the applicant, the applicant shall obtain a second independent appraisal at the applicant's expense. The city must agree on the qualification of the second independent appraiser before the appraisal is requested by the applicant. If the city attorney determines that there is a substantial difference between the two appraisals, the city will contact a third independent appraiser to perform a review appraisal, the cost of which shall be paid by the applicant. The city council shall then make a final determination of market value which shall be binding on all parties. H. Fees to be paid by applicant. 1. Application Fee. Before the city council authorizes the vacation of all or part of a public easement, alley or right-of-way, the applicant shall pay a nonrefundable application fee as established by city council. 2. Vacation Fee for Alley or Public Right-of-Way. In addition to the application fee, the applicant shall pay the following: a. The cost of the appraisal; and b. The appraised market value of the city's interest in the alley or public right-of-way. 3. Publication Costs. The city shall bear the costs for publishing notices related to the application to vacate public easements, alleys and rights-of-way, when it is presented before the city council for finalization. I. Resubmission of a vacation application. No application for vacation of a public easement, alley or right-of-way, shall be resubmitted within a twelve-month period from the date of final action by the city plan commission or the city council, whichever action occurs last. J. Quit Claim Deed. A Quit Claim deed that eliminates any and all future claim for city responsibility for the vacated right-of-way, alley, or easement may be required by the city council as part of the approval of the document (i.e., Plat or separate instrument) that achieves the vacation. (Ord. 16882 § 2(part), 2008) (Ord. No. 17251, § 9, 12-15-2009; Ord. No. 17396, § 12, 8-24-2010; Ord. No. 17738, § 2, 3-6-2012)

El Paso City Code § 19.15.050 General requirements.

19.15.050 - General requirements. A. Approach roads and access shall comply with the SDM. B. Roadway network connectivity shall comply with the SDM. C. Off-site improvements shall comply with the SDM. D. Street right-of-way dedication shall comply with the SDM. E. Street construction shall comply with the SDM. F. Intersection improvements and traffic control devices shall comply with the SDM. G. Private streets shall comply the SDM. H. Access Management. Roadway access management standards and requirements related to TXDOT roadways and city roadways shall be in accordance with the SDM. I. Exceptions to these requirements shall comply with the SDM. The Street Design Manual allows for flexibility in street design in cases where the proposed subdivision is constrained by topographic features, existing development, or other impassable features, as determined by the city manager or designee. (Ord. 16882 § 2 (part), 2008) (Ord. No. 17765, § 2, 4-3-2012; Ord. No. 19327, § 21, 4-26-2022)

El Paso City Code § 19.15.060 Street standards.

19.15.060 - Street standards. A. SDM Standards Met. In addition to the requirements of the City of El Paso Street Design Manual (SDM), the requirements of the street standards in this chapter shall be met. B. Projections and Related Requirements. Where adjoining un-subdivided areas exist, the subdivision street arrangement shall make provision for projection of streets into such areas. Dead-end streets shall otherwise be prohibited, except where projections into un-subdivided land are necessary or where turnarounds are provided in accordance with the SDM. Private streets shall not be allowed to project beyond the subdivision boundary, and therefore shall not be allowed to dead-end at the subdivision boundary. C. Transitions of right-of-way width shall comply with Street Design Manual. D. Lots accessing arterial streets shall comply with Street Design Manual. E. Right-of-Way Widths. Street right-of-way widths shall be as shown in the SDM F. Construction of Streets. All streets shall be constructed in accordance with paving widths and specifications as set forth in the SDM of the City of El Paso at the time at which any required application is officially submitted and deemed a complete application, in accordance with the vesting provisions of this title. 1. Intersections of major and minor arterials shall be constructed with concrete in accordance with the SDM, unless a specific exception is granted by the CPC and upon the affirmative recommendation of the city engineer or other designee of the city manager. 2. All other streets may be constructed with asphalt in accordance with the SDM. G. Street Grades and Horizontal Curves. Minimum and maximum street grades and horizontal curves will conform to standards set forth in the SDM and the American Association of State Highway and Transportation Officials (AASHTO). H. Street Signs. Street signs shall be installed by the developer at all intersections within and abutting the subdivision. These signs shall be of a type approved by the city, and shall be installed according to city standards and in conformance with the Texas Manual on Uniform Traffic Control Devices. I. Streetlights. Streetlights shall be installed in accordance with the SDM. J. Screening Along Roadways. Screening requirements for roadways shall be in accordance with the zoning districts and requirements outlined in the zoning ordinance. K. Pedestrian Connectivity. Pedestrian connectivity and access shall be provided between subdivisions, schools (where access is allowed by the school district), cul-de-sac (i.e., bulb-to-bulb access) and park and open space areas. In cases where a subdivision is constructed in a location that is adjacent to another subdivision, pedestrian access shall be provided such that adjacent development can connect to such access at a later date, when development occurs. Gated subdivisions, subdivisions with severe topography problems or subdivisions where such connectivity may interfere with arroyo or sensitive environmental protection may be exempt from this requirement upon approval by the city plan commission. L. Conformance with the Comprehensive Plan. Streets and the layout of streets shall be consistent with the adopted comprehensive plan, and specifically the adopted Major Thoroughfare Plan. M. Reserve Strips. Reserve strips controlling access to streets shall be prohibited except where their control is required by the city and approved by the city plan commission. (Ord. 16882 § 2 (part), 2008; Ord. No. 17257, § 1, 12-22-2009; Ord. No. 17571, § 1, 5-24-2011; Ord. No. 17811, § 3, 6-5-2012, eff. 6-11-2012; Ord. No. 19327, § 22, 4-26-2022)

El Paso City Code § 19.15.070 Intersections, half-streets.

19.15.070 - Intersections, half-streets. Street intersections and half streets shall comply with the SDM. (Ord. 16882 § 2 (part), 2008; Ord. No. 19327, § 23, 4-26-2022)

El Paso City Code § 19.15.080 Street length.

19.15.080 - Street length. The length of any block or street segment shall comply with the SDM. (Ord. 16882 § 2 (part), 2008; Ord. No. 17571, § 2, 5-24-2011; Ord. No. 19327, § 24, 4-26-2022)

El Paso City Code § 19.15.090 Cul-de-sac streets.

19.15.090 - Cul-de-sac streets. Cul-de-sac streets shall comply with the SDM. (Ord. 16882 § 2 (part), 2008; Ord. No. 17257, § 1, 12-22-2009; Ord. No. 17570, § 3, 5-24-2011; Ord. No. 19327, § 25, 4-26-2022)

El Paso City Code § 19.15.100 Dead-end streets.

19.15.100 - Dead-end streets. Dead-end streets shall comply with the SDM. (Ord. 16882 § 2 (part), 2008; Ord. No. 19327, § 26, 4-26-2022)

El Paso City Code § 19.15.110 Street width and design.

19.15.110 - Street width and design. Pavement widths and designs of right of way shall comply with the City of El Paso Street Design Manual. (Ord. 16882 § 2 (part), 2008; Ord. No. 17257, § 1, 12-22-2009; Ord. No. 17270, § 1, 1-26-2010; Ord. No. 17570, § 1, 5-24-2011; Ord. No. 19327, § 27, 4-26-2022)

El Paso City Code § 19.15.120 Street offsets.

19.15.120 - Street offsets. Street offsets shall comply with the SDM. (Ord. 16882 § 2 (part), 2008; Ord. No. 19327, § 28, 4-26-2022)

El Paso City Code § 19.15.130 Curbs and gutters.

19.15.130 - Curbs and gutters. Curbs and Gutters. Curbs and gutters shall be installed according to the provisions of this chapter and to the SDM. Combination curb and gutter improvements shall be provided to mark the edge of pavement and carry off surface water, as set forth below: A. Beside Freeways. The subdivider shall be required to install curbs along the outside lanes in rights-of-way designated for freeways, as per the TXDOT approval or construction plans. B. Beside Arterial and Collector Streets. The subdivider shall install curbs on both sides of all arterial and collector streets within the subdivision, and on one side of all such streets at the subdivision boundary. C. Beside Local Streets. The subdivider shall install curbs on both sides of all local streets within the subdivision and at subdivision boundaries, except for existing boundary streets, in which case curb and gutter installation shall be required on the subdivision side only. D. At Street Intersections. The minimum curvature of curbs at street intersections shall be as prescribed in the SDM and shall maintain proper stopping sight distance as determined by the latest edition of AASHTO's "A policy on Geometric Design of Highways and Streets." (Ord. 16882 § 2 (part), 2008; Ord. No. 19327, § 29, 4-26-2022)

El Paso City Code § 19.15.140 Street names and addresses.

19.15.140 - Street names and addresses. Street names and addresses shall comply with the SDM. (Ord. 16882 § 2 (part), 2008; Ord. No. 17396, § 13, 8-24-2010; Ord. No. 19327, § 30, 4-26-2022)

El Paso City Code § 19.15.150 Private streets.

19.15.150 - Private streets. A. Permitted Only as Local Street. Private streets shall require approval as an exception at the time of preliminary plat approval by the city plan commission in accordance with this title. No streets or thoroughfares shown on the adopted thoroughfare plan may be a nonpublic street. Construction and development of private streets shall meet the standards for right-of-way width and improvement as set forth in this chapter as applied to public streets. B. Classification. At the time a private street is proposed, it shall be classified as either a local or sub-collector street, as described herein and made to conform in all respects with right-of-way paving, curb and gutter, construction, and design requirements as applicable to a public street. C. Subdivision Boundary Streets. New subdivision boundary streets shall not be private. D. Private Streets, General. In order to be considered for an exception to allow the construction of private streets, the developer shall meet the requirements set out in this section. 1. Construction: All private streets shall be designed, constructed, and maintained to meet city standards. The construction and improvement plans shall be reviewed by the city in the same manner as construction and improvement plans for public infrastructure. The city shall not participate in any portion of the cost of constructing a private street. 2. Inspection During Construction: All private streets shall be subject to inspections by city staff in the same manner, at the same intervals, as public streets, including the payment of applicable inspection fees. A construction schedule shall be submitted with the construction and improvement plans in order to assist in scheduling the inspections. Failure to pass an inspection and meet city construction standards shall require re-inspection, and re-construction, as necessary. No certificates of occupancy shall be released for structures along a private street until all inspections shall have been completed satisfactorily. 3. Traffic Control Devices: All private traffic control devices and regulatory signs shall conform to the "Texas Manual of Uniform Traffic Control Devices", as amended, and to city standards. 4. Restricted Access: The subdivision homeowners association shall clearly mark entrances to all private streets with a sign, in accordance with the DSC, placed in a prominent and visible location, indicating that the streets within the subdivision are private, and not maintained nor regularly patrolled by the city. All restricted access entrances shall be manned twenty-four (24) hours every day, or they shall provide a reliable, alternative means of ensuring access into the subdivision by the City, by emergency service providers, and by other utility or public service providers, such as postal carriers and utility companies, with appropriate identification. The method used to ensure city and emergency access into the subdivision shall be approved by the city's fire department and by any other applicable emergency service providers during the final platting process. Gates on private streets shall provide a traffic queue analysis and provide adequate on-street storage in advance of the gate. If the homeowners association fails to maintain reliable access as required by city codes, the city may enter the private street subdivision and remove any gate or device which is a barrier to access, and bill the expense to the association. If the bill is not paid, the city may file a lien for the expense against any property owned by the association. 5. Waiver of Services: Certain city services may not be provided for private street subdivisions, including street maintenance, routine law enforcement patrols, enforcement of traffic and parking regulations, preparation of accident reports, and payment of costs for street lighting. A note as to waiver of services may be required on the face of the plat. 6. Street Lighting: Street lighting as required by this title shall be entirely at the expense of the developer and subsequent property owners. Decorative poles or alternative spacing may be approved by the city manager or designee, following a recommendation by the DSC, who shall make such recommendation based on the lighting type, the lumens necessary to effectuate safe traffic and pedestrian travel, and a finding that the proposed lighting plan provides as well or better for the health, safety and welfare of the future residents of the private street subdivisions. 7. Maintenance: The developer shall provide for the establishment of a homeowners or property owners association, in covenants, conditions, and restrictions (CCRs), to assume the obligation of perpetual maintenance of private streets and other improvements held privately, including a mandatory assessment for such private streets and improvements to be placed on all property owners within the subdivision, allowance for city staff to inspect the streets to assure they are being maintained to city standards, hold harmless provisions as required in subsection 9, and providing for notice to the city attorney and city manager of any amendments to these relevant sections. The city shall be a necessary party for the amendment of any portions of the CCRs dealing with these requirements. The proposed CCRs shall be submitted for review by the city attorney at the time of filing the preliminary plat. The city attorney shall review the CCRs to ensure that the requirements of this section are met, and shall submit recommended changes to the developer, who shall incorporate such changes. Absence of city attorney approval of the CCRs shall require the denial of the exception for private streets. 8. Petition to Convert to Public Streets: A property owners association may petition the city to accept private streets and any associated property as public streets and right-of-way upon written notice to all association members, and the favorable vote of a majority of the membership, or as required in the CCRs. A dedication instrument shall also be submitted, and shall be reviewed and the final form approved by the city attorney prior to submission of this request to city council. The city shall not be required to accept any private streets for public dedication and maintenance. The staff shall review the request and make a recommendation to CPC, who shall forward a recommendation to city council. City council shall make their decision based on the public health, safety and welfare considerations of the streets. As a condition of accepting the dedication and maintenance of private streets, the city may impose a requirement for repairs and improvements at private expense prior to acceptance, enter into an agreement for an assessment or pro-rata sharing of costs for repairs or improvements prior to acceptance, or other legal or equitable options to ensure that the streets being accepted are not a liability to the city. The city shall be the sole judge of the nature and extent of repairs or improvements needed. The city may also require, at the sole expense of the association's or property owner's expense, the removal of any guard houses, access control devices, landscaping or other amenities located within the streets or common areas prior to city acceptance. 9. Hold Harmless: The property owners association, as owner of the private streets and appurtenances, shall release, indemnify, defend and hold harmless the city, any other governmental entity, and any public utility entity for damages to the private streets that may be occasioned by the reasonable use of the private streets by same, and for damages and injury (including death) arising from the condition of the private streets, out of any use of access gates or cross arms, or out of any use of the subdivision by the city or governmental or utility entity. (Ord. 16882 § 2(part), 2008; Ord. No. 17236, § 13, 11-10-2009)

El Paso City Code § 19.15.160 Alleys.

19.15.160 - Alleys. Alleys shall comply with the SDM. (Ord. 16882 § 2 (part), 2008; Ord. No. 19327, § 31, 4-26-2022)

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_CH19.15ROFetched: 10/28/2026