Provision for construction of additional facilities on new or existing public parklands in lieu of park fees.
El Paso City Code § 19.20.100
in effect19.20.100 - 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)
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_CH19.20PAOPSP_19.20.100PRCOADFANEEXPUPALIPAFEFetched: 10/28/2026