FINAL PLAT

El Paso City Code tit. 19, art. 1, ch. 19.04

in effect

El Paso City Code § 19.04.010 Purpose, applicability, exceptions and effect.

19.04.010 - Purpose, applicability, exceptions and effect. A. Purpose. The purpose of a final plat is to assure that the subdivision of the land subject to the plat is consistent with all standards of this title pertaining to the adequacy of public facilities, that public improvements to serve the subdivision or development have been installed and accepted by the city or that provision for such installation has been made, that all other requirements and conditions have been satisfied or provided for to allow the plat to be recorded, to assure that the subdivision meets all other standards of this title and to enable initiation of site preparation activities for any lot or tract subject to the final plat. 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. B. Applicability. Construction of public improvements may occur prior to final plat approval if the requirements in Chapter 19.08 are met. Prior to submission of the final plat application for approval, the final subdivision improvement plans, including water and wastewater plans, even though provided by another design agency, other public utilities and storm drainage, must be submitted to the planning division. In order to construct public improvements prior to approval of the final plat, such plans, except water and wastewater when part of the EPWU or other water or wastewater system, must be reviewed and approved by the city manager, or designee. The city manager or designee may recommend that a final plat be approved subject to corrections being made to the final subdivision improvement plans. C. Effect. Approval of a final plat shall authorize the subdivider to install any improvements in public rights-of-way with approved subdivision improvement plans and to seek approval of site preparation, building and other permits for any lot in the subdivision, in accordance with section 19.08.020. Approval also authorizes the recordation of the final plat in accordance with this title. (Ord. 16882 § 2 (part), 2008) (Ord. No. 17236, § 27, 11-10-2009; Ord. No. 17251, § 4, 12-15-2009; Ord. No. 17396, § 5, 8-24-2010)

El Paso City Code § 19.04.020 Application and procedures.

19.04.020 - Application and procedures. A. Responsible Official. The city manager, or designee shall be the responsible official for a final plat, and the staff shall be the initial reviewing body for a final plat application. B. Pre-Application Conference. Refer to Section 19.37.050. C. Prior Approved Preliminary Plat. The final plat and all accompanying data shall conform to the preliminary plat as approved by the city plan commission, incorporating all approved exceptions and conditions. The final plat shall be prepared by a registered professional land surveyor. D. Proof of Ownership. The applicant shall furnish with the application to the city a current title commitment issued by a title insurance company authorized to do business in Texas policy, a title opinion letter from an attorney licensed to practice in Texas or some other acceptable proof of ownership, identifying all persons having an ownership interest in the property subject to the plat. The final plat shall be signed (on the face of the plat in plain view) by each owner, or by the representative of the owners authorized to sign legal documents for the owners, effectively denoting that they are consenting to the platting of the property and to the dedications and covenants that may be contained in the plat. Such consent shall be subject to review and approval by the city attorney. E. Application Contents. All applications shall be submitted electronically or on a form supplied by the planning division with the required information as stated on the application form and the administrative submission requirements available in the planning division. F. Staff Review. The staff shall review each final plat application to be placed on the agenda of the city plan commission. Staff shall recommend either: 1. Approval of the final plat; 2. Denial of the final plat; or 3. Approval of the final plat with conditions. G. Resubmittal Following Staff Review. 1. The applicant shall retain in his possession the original final plat that was submitted for review by the staff. 2. At least eight days prior to the meeting of the city plan commission during which the final plat is scheduled for review, the applicant shall provide to the city manager, or designee a copy meeting submission requirements of the final plat, with revisions made based on staff comments and recommendations. The city manager or designee shall then review the final plat for compliance with staff recommendations. (Ord. 16882 § 2 (part), 2008) (Ord. No. 17236, §§ 2, 8, 27, 11-10-2009; Ord. No. 17396, § 6, 8-24-2010; Ord. No. 18971, § 6, 9-3-2019; Ord. No. 19243, §§ 8, 9, 10-12-2021)

El Paso City Code § 19.04.030 Decision.

19.04.030 - Decision. A. Review and Determination. The city plan commission shall review all final plat applications, findings of the staff, findings of the city manager, or designee regarding compliance with staff recommendations, and any other information available. From all such information, the commission shall determine whether the final plat as shown on the application meets the standards of this title. B. Approval or Denial. The city plan commission shall decide whether to approve, approve with conditions, or deny the final plat application. Upon approval of the final plat, the applicant shall correct and submit final plat copies to the city manager or designee so that required signatures can be obtained and recording completed. The reasons for any action taken by the commission, whether a final plat is approved, denied, or approved with conditions, shall be entered in the minutes of the commission. 1. All changes or conditions required by the city plan commission as part of the final plat approval shall be made a part of the record. 2. On a final plat with significant changes, the city plan commission may at the time a final plat is approved subject to conditions, require a revised final plat to be resubmitted. 3. Where the city plan commission conditionally approves or disapproves a final plat application, the city plan commission shall provide the applicant a written statement of the conditions for the conditional approval or reasons for disapproval that clearly articulates each specific condition for the conditional approval or reason for disapproval. 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. 4. After the conditional approval or disapproval of the final plat application, the applicant may resubmit the final plat along with a written response that clearly articulates how each condition for conditional approval or each reason for disapproval has been remedied. 5. The city plan commission shall determine whether to approve or disapprove the applicant's previously conditionally approved or disapproved final plat within fifteen days of receipt of resubmission and written response. 6. It shall be the responsibility of the subdivider to ensure that the final plat satisfies all the requirements of the city code, the SDM and any other regulatory requirement. (Ord. 16882 § 2 (part), 2008) (Ord. No. 17236, § 27, 11-10-2009; Ord. No. 18971, § 7, 9-3-2019; Ord. No. 19327, § 8, 4-26-2022)

El Paso City Code § 19.04.040 Criteria for approval.

19.04.040 - Criteria for approval. The following criteria shall be used to determine whether the application for a final plat shall be approved, approved with conditions or denied: A. The final subdivision improvement plans have been submitted and reviewed by the city manager, or designee. The final plat approval shall note: 1. Subdivision improvement plans are complete and approved by staff; 2. Subdivision improvement plans are complete and approved by staff subject to revisions; 3. Subdivision improvement plans are still being reviewed by staff and revised by the subdivider and the final plat's approval is still subject to the city manager or their designee's determination of the subdivision improvement plan's compliance with this and all other city ordinances and the city manager, or designee's approval of the subdivision improvement plans prior to submission of the final plat or issuance of building permits. Questions of interpretation of the ordinance or resolution of significant engineering issues shall be decided and included in the CPC's conditions. B. Prior Approved Preliminary Plat. 1. The final plat conforms to the approved preliminary plat except for minor changes authorized under Chapter 19.03 or 19.04 of this article and that may be approved without the necessity of revising the approved preliminary plat; 2. All conditions imposed at the time of approval of the preliminary plat have been satisfied; 3. Where public improvements have been installed, the improvements conform to the approved subdivision improvement plans and have been approved for acceptance by the city manager or designee; 4. 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; 5. The final layout of the subdivision or development meets all standards for adequacy of public facilities contained in this title and all other applicable city ordinances; 6. The final plat where the proposed development is located in whole or in part in the extraterritorial jurisdiction of the city and in the county meets the requirements in Chapter 19.11. The subdivider or their authorized representative will be responsible for making sure the final plan meets the County of El Paso Standards and is approved by the county; 7. The plat conforms to design requirements and construction standards as set forth in the City of El Paso Street Design Manual (SDM); and 8. The plat conforms to the subdivision application checklist and has been determined to be a complete application. C. No Prior Approved Preliminary Plat. 1. The final plat conforms to all criteria for approval of a preliminary plat; 2. The subdivision improvement plans conform to the requirements of this title and all other ordinances; 3. 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; 4. The final layout of the subdivision or developments meets all standards for adequacy of public facilities contained in Article 2 of this title; 5. The final plat where the proposed development is located in whole or in part in the extraterritorial jurisdiction of the city and in the county meets the requirements in Chapter 19.11. The subdivider or their authorized representative will be responsible for making sure the final plan meets the County of El Paso Standards and is approved by the county; 6. The final plat conforms to the application checklist. (Ord. 16882 § 2 (part), 2008) (Ord. No. 17236, § 27, 11-10-2009; Ord. No. 19327, § 9, 4-26-2022)

El Paso City Code § 19.04.050 Revisions to final plat.

19.04.050 - Revisions to final plat. A. Following Approval or Conditional Approval. An applicant may apply for modification of an approved or conditionally approved final plat to reflect changes listed below, provided that the approved final plat has not been recorded and that approval of the modified final plat occurs prior to expiration of approval of the initial final plat application. 1. Minor changes arising from the installation of public improvements after plat approval including easement additions and adjustments may be approved by the city manager or designee. 2. Minor changes including street name and addressing changes, dimension changes that do not substantially affect the street or lot layout or other similar minor changes and meet the requirements of this title may be approved by the city manager or designee. 3. Major revisions on final plats prior to recordation including those that substantially affect the street or lot layout shall be resubmitted as an amended final plat and will require re-approval by the CPC within the timeframes prescribed by this title. 4. If the approved final plat has been recorded, revisions may only be approved under Chapter 19.07, Revisions to Recorded Plats (Replatting) or Amending Plats, of this article. B. After Denial. Following denial of a final plat or amending plat application, the applicant may submit a revised final plat or amending plat application, together with any revised subdivision improvement plans with a resubmission fee in accordance with the adopted fee schedule, for consideration by the city plan commission, provided that the revised application is approved prior to the original expiration date of any approved preliminary plat for the same land. (Ord. 16882 § 2 (part), 2008) (Ord. No. 17236, § 27, 11-10-2009)

El Paso City Code § 19.04.060 Expiration and extension.

19.04.060 - Expiration and extension. The approval of a final plat shall remain in effect for a period of three years from the date of approval by the city plan commission, during which period the applicant shall submit any required revisions for approval and record the plat. If the final plat has not been recorded within the three-year period, the final plat approval, unless extended in accordance with Chapter 19.41, shall expire and the applicable plat shall be deemed null and void. (Ord. 16882 § 2 (part), 2008) (Ord. No. 18056, § 7, 8-6-2013)

El Paso City Code § 19.04.070 Plat recordation.

19.04.070 - Plat recordation. A. Procedure. 1. Signatures. After approval of the final plat, the city manager, or designee shall procure the signature of the chairperson of the city plan commission on the final plat ready for recording, the signature of the secretary of the city plan commission who shall attest to the signature of the chairperson, and the signature of the planning and inspections director. 2. Recording Upon Performance. The city manager or designee shall cause the final plat to be recorded with the appropriate county clerk upon the subdivider's or developer's performance of one of the following: a. Completion of the construction of required improvements prior to recordation; b. 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 for up to fifty percent of the residential lots may be issued in accordance with Section 19.08.040 and 19.08.020, provided that: 1) the lots have water and sanitary sewer service and a letter of Conditional Acceptance issued by the El Paso Water Utilities; and, 2) the lots are contiguous and form a complete block face or block faces within the subdivision; and, 3) no Certificate of Occupancy shall be issued until a letter of Final Acceptance has been issued by the El Paso Water Utilities, or c. Regardless of which option above, is chosen, subdivision improvement plans must be approved or conditionally approved in accordance with this chapter and Section 19.08.010 prior to plat recordation. B. Timing of Recordation. The final signed copies of the plats for recordation will be recorded within ten days of the date that staff: 1. Received the final, approved, corrected recordation plat; 2. Received all fees, certificates and required documents for recording; 3. Determines that all other recording requirements have been met; and 4. Provided that the plat may be held for recordation until a date agreed upon with the subdivider if the final signed copies of the plats for recordation meeting the requirements of this title have been delivered to the city and all other recording requirements have been met. C. Submittal of Record Plat Where Improvements Have Been Installed. Where public improvements have been installed and approved for acceptance by the city prior to recording of the plat, the property owner, developer or contractor shall submit a maintenance bond in accordance with Chapter 19.08 of this article from each contractor, one sealed set of "as built" plans in accordance with the SDM or record drawings (submitted as mylars), and an electronic copy of all plans (in a format as determined by the city manager or designee), together with a letter stating the contractors' compliance with Chapter 19.08 of this article, and bearing sealed certification by an engineer that all public improvements have been constructed in compliance with all city construction standards. The property owner also shall submit copies of the approved final plat, revised to reflect the "as built" plans or record drawings, in the format and number as required by the city manager or designee. D. Submittal of Record Plat Where Improvements Have Hot Been Installed. Where public improvements have yet to be completed in connection with an approved final plat, the property owner shall submit in the format and number as set forth in the SDM, the approved final plat, revised to reflect any changes required by the city plan commission. E. Update of Owner Consents. If there has been any change in the ownership prior to recordation of the approved final plat, the applicant shall furnish to the city an updated title policy commitment issued by a title insurance company authorized to do business in Texas, a title opinion letter from an attorney licensed to practice in Texas or some other proof of ownership, identifying all persons having an interest in the property subject to the plat. If there has been any change in the owners since the time of the owner consent agreement provided under Section 19.04.020, the final plat shall be signed (on the face of the plat in plain view) by each owner as of the date of submission, effectively denoting that they are consenting to the platting of the property and to the dedications and covenants that may be contained in the plat. Such consent shall be subject to review and approval by the city attorney. (Ord. 16882 § 2 (part), 2008) (Ord. No. 18056, § 8, 8-6-2013; Ord. No. 19243, § 10, 10-12-2021; Ord. No. 19327, § 10, 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_ART1PLPR_CH19.04FIPLFetched: 10/28/2026