Applicability.

El Paso City Code § 19.20.130

in effect

19.20.130 - Applicability. A. Subdivision Related Dedication. 1. Submittal received on or after June 11, 1996. a. Subdivision. A subdivision application filed with the city manager or designee on or after June 11, 1996 shall be subject to the parkland dedication regulations as herein codified. b. Off-Site Dedication. Parkland proposed as an off-site dedication which application is filed with the city manager or designee on or after June 11, 1996 shall be subject to the parkland dedication regulations as herein codified. 2. Submittal prior to June 11, 1996, pursuant to Ordinance No. 9645, enacted February 28, 1989. a. Subdivision. i. Application in Process. A subdivision application filed as a preliminary plat, preliminary/final plat, final plat, correction plat or replat with the city manager or designee before June 11, 1996 shall be subject to the parkland dedication regulations contained in Ordinance No. 9645 enacted on February 28, 1989, except that this provision shall not apply to any application which expires before the subdivider obtains final approval, disapproval or conditional approval of the plat or replat. ii. Recorded Plat. Parkland deeded to the city as part of a recorded subdivision before June 11, 1996 shall be subject to the parkland dedication regulations contained in Ordinance No. 9645 enacted on February 28, 1989. b. Off-Site Dedication. i. Application in Process. Parkland proposed as an off-site dedication which application was filed with the city manager or designee before June 11, 1996, and where the city accepts the off-sitededication after the effective date of the ordinance codified in this chapter, shall be subject to the parkland dedication regulations contained in Ordinance No. 9645 enacted on February 28, 1989, except as follows: (A) When a reduction option is exercised by the property owner to a subsequent parkland requirement within the same park zone, the reduction shall be based on the parkland calculation rates and densities in effect at the time a subdivision is filed with the city manager or designee. The reduction shall be on an acreage basis, and shall not be from the value of the land dedication in terms of fees it would have generated, nor the market value of the land expressed in dollars, unless otherwise provided in the agreement by which the city accepted the off-site dedication. (B) The area of the parkland deeded to the city as an off-site dedication shall not include the area to the centerline of a proposed public accessway to be dedicated through a subsequent subdivision, unless otherwise provided in the agreement executed by the city accepting the off-site dedication, or unless a public accessway fronting the parkland is dedicated as part of the off-site dedication. ii. Off-Site Dedication Accepted by City. Parkland accepted by the city as an off-site dedication before June 11, 1996 shall be subject to the parkland dedication regulations contained in Ordinance No. 9645 enacted on February 28, 1989, except as follows: (A) When a reduction option is exercised by the property owner to a subsequent parkland requirement within the same park zone, the reduction shall be based on the parkland calculation rates and densities in effect at the time a subdivision is filed with the city manager or designee, and the reduction shall not be from the value of the land dedication in terms of fees it would have generated, nor the market value of the land expressed in dollars, unless otherwise provided in the agreement by which the city accepted the off-site dedication. (B) The area of the parkland deeded to the city as an off-site dedication shall not include the area to the centerline of a proposed public accessway to be dedicated through a subsequent subdivision, unless otherwise provided in the agreement executed by the city accepting the off-site dedication, or unless a public accessway fronting the parkland is dedicated at the same time as the off-site dedication. 3. Dedication of Parkland Prior to Ordinance No. 9645, enacted February 28, 1989. Where a subdivider dedicated parkland through an approved and valid land study (concept plan) prior to Ordinance No. 9645, that dedication may be reduced from the amount of parkland required in this title for any subdivision application filed within the original land study (concept plan) boundaries of the then-approved park zone. Where a reduction option is applied by the property owner to a subsequent parkland requirement, the reduction shall be based on the parkland calculation rates and densities in effect at the time a subdivision application is filed with the city manager or designee, and shall be on an acreage basis. A reduction shall not be from the value of the land dedication in terms of fees it would have generated, nor the market value of the land expressed in dollars, unless otherwise provided in an agreement executed by the city accepting the parkland. B. Dedication through Non-Subdivision. Where the city accepted or required parkland which was not part of a subdivision-related dedication, and which was executed through an approved development agreement or other legal instrument prior to the effective date of the ordinance codified in this chapter, that dedication shall not be subject to the reduction option for a subsequent parkland requirement generated within a subdivision as provided in this title, unless otherwise provided in the agreement or other legal instrument executed by the city, or unless the agreement in which the park committed was executed prior to February 28, 1989. Where authorized, a reduction shall be based on the parkland calculation rates and densities in effect at the time a subdivision is filed with the city manager or designee. The reduction shall not be based on the value of the land dedication in terms of fees it would have generated, nor the market value of the land expressed in dollars. C. Documentation Required. Where a reduction in the parkland dedication requirement of this title is requested on the basis of parkland dedicated prior to June 11, 1996, the subdivider shall submit to the city manager or designee the proper evidence to demonstrate that the provisions of this title governing applicability are applicable. The evidence may include, but shall not be limited to, the following: a copy of the filed deed conveying fee simple title to the parkland to the city, or other legal documentation demonstrating that the parkland is required to be dedicated to the city; a copy of an approved and valid land study (concept plan), where applicable; and a copy of the park zone approved as part of an off-site parkland dedication, where applicable. If a subdivider fails to submit the proper evidence as herein required, the requirements of this title as enacted on June 11, 1996 shall apply to all land within the boundaries of the original land study (concept plan) or approved park zone not previously platted, and no credit shall be given for previously dedicated parkland. (Ord. 16882 § 2 (part), 2008) (Ord. No. 17236, § 27, 11-10-2009)

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_19.20.130APFetched: 10/28/2026