§ 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 DSC 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 DSC. 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 DSC, 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. The thirty-day State of Texas Statute for approval of plats only applies to final approval of plats and does not apply to engineering and subdivision improvement plans. 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 final subdivision improvement plans submitted following approval of a preliminary plat, the city manager, or designee shall approve, approve subject to modifications, or reject the subdivision improvement plans within fifteen working days of a determination of completeness as specified in Section 19.37.020, which shall be made within one working day of submission, unless an extension is granted by the city manager or designee.

3.

Failure of the city manager or designee or EPWU to provide written comments within the prescribed fifteen working 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 an extension to the prescribed time period for additional review by the city manager or designee or EPWU. The authorization for a time extension shall be provided in writing by a subdivider prior to the expiration of the prescribed fifteen working days. It shall be the responsibility of the subdivider to insure that the subdivision improvement plans meet or exceed all the requirements of the City Code, EPWU requirements and any other regulatory requirements.

4.

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 Chapter 19.38 that the subdivision improvement plans are approved or accepted 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.

1.

If the conditions of approval require revision(s) to the subdivision improvement plans, one set shall be marked with objections noted (on the plans themselves and/or in memo format) and returned to the applicant for correction, whereupon the applicant's engineer shall correct the plans as requested and resubmit them for decision.

2.

The number of sets required by the DSC of subdivision improvement plans revised to reflect the required changes shall be submitted to the city manager or designee within fifteen working days of receipt of the official notice of required revisions. Failure of the subdivider to submit the revised plans to the city manager or designee within the prescribed period shall necessitate the total resubmission and payment of appropriate fees of the subdivision improvement plans; except that a subdivider may request in advance an extension to the prescribed time period from the city manager or designee for additional time to submit the revised plans.

3.

The city manager or designee shall approve or disapprove the revised subdivision improvement plans within five working days based on revisions requested at the initial review of the plans.

4.

If the city manager or designee fails to review the revised subdivision improvement plans within the prescribed period, it shall permit the subdivider to proceed with the construction of the subdivision improvements pursuant to the plans submitted. It shall be the responsibility of the subdivider to insure that the subdivision improvement plans satisfy all the requirements of the city code, the DSC and any other regulatory requirement.

5.

Subdivision improvement plans that do not contain all corrections shall be returned to the applicant's engineer with notice to the applicant. The third submission of corrections will require additional fees in accordance with the schedule for additional review time. At the time of submission, the design engineer shall certify that the subdivision improvement plans meet the requirements of the ordinances.

6.

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.

7.

Additional copies may be requested by the city manager or designee for informational purposes and review by other agencies.

8.

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 Design Standards for Construction (DSC).

I.

Approval Required. Subdivision improvement plans must be approved or accepted and authorized for construction by the city manager, or designee, in accordance with this chapter prior to plat recordation. 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.

J.

Effect. Approval of the subdivision improvement plans for code compliance pursuant to this title shall authorize the recording plat submission pursuant to this title. 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.

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)