Fee in lieu of parkland dedication.
El Paso City Code § 19.20.110
in effect19.20.110 - 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)
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_19.20.110FELIPADEFetched: 10/28/2026