CONSTRUCTION PLANS AND MANAGEMENT

El Paso City Code tit. 19, art. 1, ch. 19.08

in effect

El Paso City Code § 19.08.010 Subdivision improvement plans.

19.08.010 - Subdivision improvement plans. A. Purpose. The purpose of subdivision improvement plans is to assure that public improvements required to be installed in order to serve a subdivision or a development are constructed in accordance with all standards of this title. B. Application Contents. When required by this title either prior to or at the time of submission of an application for final plat approval by the city plan commission or by staff where administrative approval is authorized, the number of sets of subdivision improvement plans required by the SDM shall be submitted to the city manager or designee for review for code compliance. All applications shall be submitted on a form supplied by the planning official with the required information as stated on the application form. The subdivision improvement plans shall be submitted for the entire area covered by the subdivision application, and shall comply with all provisions of this title and the SDM. The final subdivision improvement plans including paving and stormwater engineering shall be submitted in one package and be approved or approved with conditions prior to the final plat recordation in accordance with this title. The subdivider shall provide and the subdivision improvement plans shall contain all applicable improvements required by this title and the SDM, including but not limited to the following details: 1. Grading and slope stabilization as regulated by Chapter 18.44: 2. Drainage facilities; 3. Water and wastewater plans, except water and wastewater plans in developments to be served by EPWU, which shall comply with subsection C below; 4. Streets and other rights-of-way (including sidewalks); on subdivisions within the city limits, sidewalks may be deferred until building permits are requested for a residential lot, except sidewalks at the rear of double frontage lots must be installed, inspected, approved and accepted by the city prior to building permits being issued; 5. Bikeway and transit improvements (where applicable); 6. Survey monuments; 7. Street lights; 8. Traffic control signs and traffic signalization; traffic calming devices (where applicable); 9. Landscaping; on subdivisions within the city limits, landscape (street trees) may be deferred until building permits are requested for a residential lot, except landscape at the rear of double frontage lots must be installed, inspected, approved and accepted by the city prior to building permits being issued; 10. Curb ramps; on subdivisions within the city limits, curb ramps may be deferred until building permits are requested for a residential lot, except 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; 11. Street pavement markings; 12. Parkland and open space; and 13. Provisions for arroyo protection. It is the developer and his engineer's responsibility to put the plans together into one package and follow-up on their review. Incomplete plans shall be returned to the applicant. C. The subdivider shall provide complete EPWU approved water and wastewater design plans on or before the final plat is submitted to the CPC. The subdivider shall have the option of using one of two processes for completion of the plans: 1. EPWU prepares complete water and wastewater plans meeting EPWU requirements and standards. 2. The subdivider's engineer prepares water and wastewater plans meeting TCEQ and EPWU requirements and submitting those plans to EPWU for approval. Upon approval by EPWU the water and wastewater plans shall be provided to the city. The EPWU shall have fifteen business days to accept the plans or reject the plans with comments for corrections. Failure to act within this timeframe shall permit the subdivider to proceed in accordance with Section 19.08.010(E)(3). This option to the subdivider shall not apply if any off-site extension or capital improvement infrastructure, master plan land studies, or any on-site oversized facilities to serve any areas adjacent to the subdivision are required. 3. Plans will not be approved and the plat will not be recorded until water and wastewater designs meet TCEQ and EPWU/PSB design standards. D. Phasing Plan. Where phasing is proposed for the construction and installation of the required subdivision improvements, approval of a phasing plan shall be required, provided, that all of the subdivision improvements are completed within the time period specified herein. The city manager or designee may approve, disapprove or conditionally approve the phasing proposed if the proposed phasing will provide for the orderly development of the subdivision with adequate access to all improvements. No phasing plan shall be approved unless each phase has a complete drainage system, or security for all improvements that are not completed in the initial phase is provided in accordance with the methods and amount in Section 19.08.040 A. 1., 2., or 3. No temporary drainage structures will be allowed. If the property contains an arroyo or flow path that requires improvements, security in accordance with the methods and amounts stated in Section 19.08.040 shall be provided regardless of the phasing, unless the improvements to the arroyo or flow path are completed in the initial phase. Where the city manager or designee disapproves a phasing plan, the subdivider may appeal the decision to the city plan commission upon a written request submitted to the city manager or designee. Whether or not the city manager or designee approves phasing at the time of the construction plan submission, a subdivider may request phasing and submit a phasing plan at any time prior to the expiration of the time period for completion of the subdivision improvements, or any authorized extension. A phasing plan submitted and approved by the city manager or designee after the approval of the construction plan submission, shall be considered an authorized amendment to the subdivision improvement plans and such approved phasing plan shall be attached to and incorporated as part of the approved subdivision improvement plans. E. Responsible Official and Decision. 1. The city manager, or designee, shall be the responsible official for approval of subdivision improvement plans. 2. For subdivision improvement plans submitted following approval of a preliminary plat, the city manager, or designee shall provide the applicant or applicant's representative a determination of completeness as specified in Section 19.37.020. 3. The city manager, or designee shall decide whether to approve, approve with conditions, or deny the subdivision improvement plan application within thirty days from determination that the application is complete in accordance with Section 19.37.020. 4. Failure of the city manager or designee or EPWU, when applicable, to approve, approve with conditions, or deny the subdivision improvement plan application within the prescribed thirty days from the date that the submission is accepted for completeness, shall permit the subdivider to proceed with the construction of the subdivision improvements pursuant to the plans submitted; except that a subdivider may authorize in advance, or during the review, an extension to the prescribed time period for additional review by the city manager or designee or EPWU, when applicable. The request for a time extension may be for a period not to exceed thirty days and shall be provided in writing by a subdivider prior to the expiration of the prescribed review period. It shall be the responsibility of the subdivider to ensure that the subdivision improvement plans meet or exceed all the requirements of the city code, EPWU requirements and any other regulatory requirements. 5. Distribution and Review. Once the subdivision improvement plans are approved, the property owner shall provide additional sets of the approved plans to the city, as specified by the city manager, or designee, for use during construction. A full set of the city approved and stamped subdivision improvement plans must be available for inspection on the job site at all times. F. Notification. The city manager, or designee, shall notify the applicant in accordance with Section 19.38.040 that the subdivision improvement plans are approved for construction. The city manager or designee shall also forward a written certification to all affected departments and agencies advising of the approval of the subdivision improvement plans. The certification shall identify the subdivision name, legal description, and acreage for which the approval was granted. G. Revised Plan Submission. In cases of conditional approval or disapproval of the subdivision improvement plan application, the process is as follows: 1. The city manager or designee shall provide the applicant a written statement of the conditions for the conditional approval or reasons for disapproval that clearly articulates each specific condition. Each condition or reason specified in the written statement must; a. Be directly related to the requirements in Title 19 and specifications contained in the City of El Paso Street Design Manual (SDM); and b. Include a citation to the law, including a statute or municipal ordinance, that is the basis for the conditional approval or disapproval; and c. May not be arbitrary. 2. If the conditions of approval or disapproval of the plans require revision(s) to the subdivision improvement plans, one set shall be marked with objections noted (on the plans themselves) and returned to the applicant for correction. 3. The applicant's engineer shall then correct the plans as requested and resubmit the appropriate number of sets required by the SDM of subdivision improvement plans to the city manager or designee for decision. The resubmission or the plans shall be accompanied by a written response that clearly articulates how each condition for conditional approval or each reason for disapproval has been remedied. 4. The city manager or designee shall determine whether to approve or disapprove the applicant's previously conditionally approved or disapproved subdivision improvement plans within fifteen days of receipt of resubmitted plans and written response. Failure of the city manager or designee to approve or disapprove within the prescribed period, shall permit the subdivider to proceed with the construction of the subdivision improvement plans pursuant to the plans submitted. It shall be the responsibility of the design engineer to certify and ensure that the subdivision improvement plans satisfy all the requirements of the city code, the SDM and any other regulatory requirement. 5. A copy of any subdivision improvement plans submitted within the extraterritorial jurisdiction, after approval by the city manager or designee, shall be forwarded to the county road and bridge administrator. 6. Additional copies may be requested by the city manager or designee for informational purposes and review by other agencies. 7. The city will not require non-engineering related significant changes in the final subdivision improvement plans or final plat approval that contradict the preliminary plat approval, reserving the right to address life safety or other significant issues that should have been addressed in the preliminary plat. H. Criteria for Approval. The city manager, or designee, shall render a decision on the subdivision improvement plans in accordance with the following criteria: 1. The plans are consistent with the approved preliminary plat, and the proposed final plat; 2. The plans conform to the development standards, and standards for adequate public facilities contained in this title; and 3. The plans conform to the specifications contained in the City of El Paso Street Design Manual (SDM). I. Approval Required. Approval of subdivision improvement plans authorizes the property owner to install public improvements in rights-of-way and/or easements offered for dedication or previously dedicated to the public under an approved preliminary or final plat for which site preparation and other required permits have been approved. J. Acceptance Required. Acceptance of the subdivision improvements shall authorize the recording plat submission pursuant to this title. Where the city manager or designee has authorized public improvements to be deferred, the final plat may be approved, recorded and foundation or building permits may be issued, in accordance with Section 19.08.040. K. If the city is unable to comply with the time requirements specified in this chapter due to unforeseeable causes beyond the control and without the fault or negligence of the city, including, but not restricted to, acts of God, or of the public enemy, fires, floods, epidemics, quarantine restrictions, strikes, orders of any kind of the government of the United States or the State of Texas, operation of law, disturbances, explosions and severe weather, such time restrictions shall be suspended until such time that the inability to perform due to the unforeseeable cause no longer exists. (Ord. 16882 § 2 (part), 2008) (Ord. No. 17236, §§ 11, 28, 11-10-2009; Ord. No. 17396, § 9, 8-24-2010; Ord. No. 17811, § 1, 6-5-2012, eff. 6-11-2012; Ord. No. 17905, § 4, 11-6-2012; Ord. No. 18056, § 9, 8-6-2013; Ord. No. 18971, § 12, 9-3-2019; Ord. No. 19327, § 11, 4-26-2022)

El Paso City Code § 19.08.020 Timing of public improvements, permit issuance.

19.08.020 - 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)

El Paso City Code § 19.08.030 Completion of necessary public improvement extension.

19.08.030 - Completion of necessary public improvement extension. Extension of Time. Where good cause exists, the city manager, or designee may extend the period of time designated for completion of necessary improvements, specified within agreements required by this chapter. Such extension of time shall be reported to the city plan commission and recorded in the minutes. No such extension shall be granted beyond two years of final plat approval unless security has been provided to the city by the subdivider to cover the extended period of time in accordance with Section 19.08.040. (Ord. 16882 § 2 (part), 2008)

El Paso City Code § 19.08.040 Security for completion of improvements.

19.08.040 - Security for completion of improvements. A. Security. Whenever the obligation to install public improvements to serve a subdivision or development is deferred until after recordation of the final plat and (1) certificates of occupancy are requested for any buildings within the subdivision; or (2) the release of condition pursuant to Title 18 for more than fifty percent of the building permits is requested; or (3) the three-year prescribed period for completion after final plat approval of public improvements has lapsed, the subdivider shall guarantee proper construction of any remaining public subdivision improvements, in accordance with standards contained or referred to herein this title, by one of the methods described below: 1. Performance bond. A bond executed by a surety company holding a license to do business in the State of Texas, and acceptable to the City of El Paso, on the form provided by the City of El Paso in an amount equal to the cost of public improvements remaining to be installed as required by this title. The performance bond shall be approved as to form by the city attorney. 2. Trust agreement. A trust deposit in a bank, or trust company, for the benefit of the City of El Paso, of a sum of money equal to the estimated cost of all public improvements remaining to be installed as required by this title. Selection of trustee shall be executed on the form provided by the city and approved as to form by the city attorney. 3. Irrevocable letter of credit. A letter, on a form provided by the city, signed by the principal officer of a local bank, federally-insured savings and loan association, or other financial institution acceptable to the City of El Paso, agreeing to pay the City of El Paso on demand a stipulated sum of money to apply to the estimated cost of all public improvements remaining to be installed as required by this title. The guaranteed payment sum shall be the estimated costs approved by the city manager or designee. B. Amount and Acceptability. The security shall be issued in the amount of one hundred twenty-five percent of the cost estimate approved by the city manager, or designee for all remaining public improvements associated with the subdivision in accordance with this section. The consulting engineer shall determine the percentage of total work called for by the subdivision approval which has already been performed and develop a cost estimate of the remaining public improvements acceptable to the city manager or designee. The security shall be subject to the approval of the city attorney. C. Security for Construction in Extraterritorial Jurisdiction. Where the land to be platted lies within the extraterritorial jurisdiction of the city, any required security shall be in a form and contain such terms as are consistent with the city or the county, whichever is more stringent. D. Partial Release. 1. Upon application of the subdivider, the city manager, or designee or his designee shall determine the percentage of total work called for by the subdivision approval which has already been performed. That portion of the total, less any prior amounts released and a retainage not to exceed ten percent of the total shall then be released. 2. The city manager, or designee and other necessary city officials shall execute any documents necessary to cause release of any portion of the security required by this section in accordance with this provision, provided that all such documents shall be subject to approval by the city attorney. 3. No partial release shall be granted where any substantial part of work performed prior to the date of application fails to meet city standards and specifications for any reason other than incompleteness. E. Remedies. In addition to all other remedies authorized in Chapter 19.42, where security required in this section has been posted, but required public improvements have not been installed in accordance with the terms of this title, the city may: 1. Declare the subdivision project to be in default and require that all the public improvements be installed regardless of the extent of completion of the development at the time the subdivision project is declared to be in default; 2. Obtain funds under the security and complete the improvements itself or through a third party; 3. Assign its right to receive funds under the security to any third party, including a subsequent owner of the development in exchange for the subsequent owner's posting of security to complete the public improvements serving the tract; or 4. If no lots have been sold, the city may initiate proceedings to have the plat vacated. (Ord. 16882 § 2 (part), 2008) (Ord. No. 17236, § 27, 11-10-2009; Ord. No. 18056, § 11, 8-6-2013)

El Paso City Code § 19.08.050 Inspection and acceptance of public improvements.

19.08.050 - Inspection and acceptance of public improvements. A. Entry and Inspections. 1. The city manager, or designee shall inspect the construction of improvements while in progress as well as upon completion. Construction shall be in accordance with the approved subdivision improvement plans. The city manager or designee shall have the right to enter upon the subdivision site for the purpose of conducting inspections. The city manager or designee shall provide for the inspection of required subdivision improvements during construction to insure general conformity with plans and specifications as approved. If the city manager or designee finds, upon inspection, that any of the required subdivision improvements have not been constructed in accordance with the subdivision improvement plans, this title or the SDM, then the subdivider shall be responsible for making the necessary changes to insure compliance. Any significant change in design required during construction shall be made by the subdivider's engineer, and shall be subject to prior approval by the city manager or designee. If the city manager, or designee finds upon inspection that any of the required public improvements have not been constructed in accordance with the approved subdivision improvement plans, the property owner shall be responsible for completing and/or correcting the public improvements. 2. Upon completion of each approved phase of the subdivision construction, the subdivider shall notify the city manager or designee that the work is ready for a final inspection. The city manager or designee shall, within ten working days of a notification by the subdivider, arrange and conduct a joint inspection with the subdivider and the contractor to determine that each aspect of the subdivision has been installed per city standards, and in conformity with the approved subdivision improvement plans. Deficiencies requiring correction by a subdivider resulting from an inspection of the city manager or designee on any phase of the subdivision construction shall be made in writing, and such deficiencies shall be corrected within thirty days of the written correction notice unless otherwise agreed to by the city manager or designee in writing. A subsequent inspection of the subdivision construction in any phase requiring correction shall be made within five working days from a request of the subdivider, and the re-inspection(s) shall be solely based on corrections requested at the initial inspection; provided, however, that corrections requested at any inspection and necessitated to comply with any statutory requirement shall be made by the subdivider. Failure of the city manager or designee to arrange and conduct the inspection(s) as herein provided shall permit the subdivider to request that the city accept the phase of subdivision construction for maintenance. It shall be the duty of the subdivider to document that the requirement has been met. Documentation that this inspection has been successfully performed shall be submitted to the city manager or designee prior to the acceptance of any approved phase of the subdivision improvements and the contractor's release from liability. 3. The subdivider shall pay all necessary inspection fees, and no permits shall be issued until the required fees have been paid. B. Submission of As-Built Plans or Record Drawings. The city shall not accept dedication of required public improvements until the applicant's engineer has certified to the city manager, or designee, through submission of a detailed "as-built" or record drawing or survey plat of the property and any off-site easements, the location, dimensions, materials, and other information establishing that the public improvements have been built in accordance with the approved subdivision improvement plans. Each as-built or record drawing sheet shall show all changes made in the plans during construction and on each sheet there shall be an "as-built" or "record" stamp bearing the signature of the engineer and date. An electronic copy of such drawings in accordance with the city manager, or designee's submission requirements shall also be provided. The drawings shall contain: 1. A complete set of "as-built" film reproducible improvement plans for the subdivision. The "as-built" plans shall illustrate that all of the subdivision improvements are in accordance with the subdivision improvement plans and with this title, as approved for the subdivision; and that said subdivision improvements are ready for acceptance by the city, and are free and clear of any and all liens and encumbrances; 2. A monument certification letter for city monuments that meet the requirements of the DCC. C. Acceptance or Rejection of Improvements. 1. The city manager, or designee, shall be responsible for certifying acceptance of completed subdivision improvements intended for dedication to the City of El Paso. 2. Within the Corporate Limits. Upon completion of the construction of the subdivision improvements, the subdivider shall request that the city accept the improvements for maintenance. Acceptance of the public improvements shall not be unreasonably delayed, withheld, or denied by the city. The public improvements may be accomplished in phases; provided, that the phasing is shown on the subdivision improvement plans approved by the city manager or designee pursuant to this title, and that all phases of the subdivision improvements are completed within the time period specified. Concurrently with the request for acceptance of the subdivision improvements for maintenance, the subdivider shall submit "as-built" subdivision improvement plans and surveys as required in subsection B. After final inspection, the city manager or designee shall notify the subdivider in writing as to the acceptance or rejection of such construction. 3. He shall reject such construction only if it fails to comply with standards and specifications of the City of El Paso. If he rejects such construction and the developer fails to make the corrections as requested, the city attorney shall, on direction of the city council, proceed to enforce the guarantee provided by security called for in this title. 4. If the city manager, or designee accepts such construction upon certification by the design engineer that the improvements have been constructed according to the authorized subdivision improvement plans and upon review of such inspections by city inspectors, the city shall execute all the necessary documents within thirty days to release the full amount of any security required in Section 19.08.040, including any retainage. The city manager, or designee, shall issue a certificate to the property owner stating that all required public improvements have been satisfactorily completed. Acceptance of the improvements shall mean that the property owner has transferred all rights to all the public improvements to the city for use and maintenance, upon acceptance of the required public improvements. D. Disclaimer. Approval of a preliminary plat or final plat by the city plan commission shall not constitute acceptance of any of the public improvements required to serve the subdivision or development. No public improvements shall be accepted for dedication by the city except in accordance with this title. E. Acceptance of Improvements for Land in Extraterritorial Jurisdiction. Where the facilities to be constructed are located within the city's extraterritorial jurisdiction, and are to be dedicated to El Paso County, the city manager, or designee shall coordinate with the county to ensure that the public improvements have been constructed in accordance with approved subdivision improvement plans, and are ready for acceptance by the county. Any public improvements or property to be dedicated to the city rather than the county shall be inspected and must be approved if all requirements have been met and accepted for dedication or future dedication upon annexation. (Ord. 16882 § 2 (part), 2008) (Ord. No. 17236, §§ 7, 27, 11-10-2009; Ord. No. 19327, § 12, 4-26-2022)

El Paso City Code § 19.08.060 Maintenance and warranty of improvements.

19.08.060 - Maintenance and warranty of improvements. A. Maintenance During Construction. The property owner shall maintain all required public improvements during construction of the development. Any damage to the public improvements incurred prior to acceptance of the city shall be the responsibility of the subdivider. B. Bond. The owner shall covenant to warranty the required public improvements for a period of one year for defective material, construction or workmanship following acceptance by the city of all required public improvements and shall provide a maintenance bond in the amount of fifty percent of the costs of the improvements for such period. All improvements located within an easement or right-of-way shall be bonded. C. Prior to issuance of the certificate of acceptance by the city manager or designee pursuant to this title, a one-year maintenance guarantee in favor of the city or county, shall be provided by the subdivider by means of a subdivision improvement agreement and guarantee acceptable to the city attorney or county attorney, whomever has jurisdiction. D. In the event of the maintenance or repair of a defect in the roadway improvement for any accepted street classification during the initial guarantee period, the subdivider shall provide a one-year extended maintenance guarantee in favor of the city or county for the entire station(s) of the defect area, such one-year period to commence upon completion of the subject maintenance or repair. Such extended maintenance guarantee procedure shall be repeated until the defect with the affected station(s) has been remedied. (Ord. 16882 § 2 (part), 2008)

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_CH19.08COPLMAFetched: 10/28/2026