This article shall be known, cited, and referred to as “The
Land Subdivision Regulations of the City of Bellville, Texas.”
(Ordinance 1419, sec. 9.101, adopted 8/24/10)
Sections 212.002 and 212.003 V.T.C.A., Local Government Code,
and any amendments thereto, are hereby adopted, and the provisions
of this article are adopted in exercise of power granted to municipalities
by such statutes, as well as all other powers granted to cities through
appropriate provisions of the laws and constitution of the State of
Texas. Specifically, but not by way of limitation, the city council
of the City of Bellville by and through their attorney shall have
the power to bring suit in a court of competent jurisdiction to enjoin
or abate any violation of a restriction contained or incorporated
by reference in a duly recorded plan, plat, replat, or other instrument
affecting a subdivision within the boundaries provided by law, to
the fullest extent permitted under chapter 212 of V.T.C.A Local Government
Code, to be uniformly applied and enforced as provided therein.
(Ordinance 1419, sec. 9.102, adopted 8/24/10)
This article is to provide for the harmonious development of
the City of Bellville, Texas, and its environs, for the coordination
of streets within the subdivisions and other existing or planned streets
or with other features of the comprehensive plan for access to and
extension of public utility facilities, for adequate open spaces for
traffic, recreation, light and air; and for the distribution of population
and traffic which will tend to create conditions favorable to health,
safety, morals, and the general welfare of the City of Bellville,
Texas, hereinafter referred to as the “city.”
(Ordinance 1419, sec. 9.103, adopted 8/24/10)
Hereafter, before any plan, plat, or replat of a subdivision
or addition of land inside the city or within one-half (1/2) mile
of the city limits thereof shall be recorded with the county clerk,
it shall be first approved by the city council in conformance with
the provisions of this article. The filing of any plan, plat, or replat
without complying with the requirements of this article, or the transfer
of land by filing of any instrument in the nature of a conveyance
without having first complied with the requirement of this article,
shall be deemed a violation of the provisions of this article.
(Ordinance 1419, sec. 9.104, adopted 8/24/10)
The subdivider will be required to install at his own expense,
all water lines, streets, sewer lines, natural gas lines, underground
electrical distribution, storm sewer lines, and drainage facilities
and structures within the subdivision in accordance with the city’s
standards governing the same as set forth herein, including all engineering
costs covering design, layout, and construction. In addition to the
foregoing, in the event that the city will not be the supplier of
all utilities within the subdivision, the subdivider shall pay to
the city prior to any construction or excavation in the proposed subdivision,
an inspection fee equal to two percent (2%) of the total development
cost of the subdivision to the subdivider, including the cost of the
real estate in question, to compensate for the city’s expense
in hiring an engineer to provide the inspections and other services
provided for herein. In the event that the city will be the supplier
of all utilities within the subdivision, the inspection fee shall
be reduced to one percent (1%) of the total development cost of the
subdivision. Upon completion of the development, subdivider shall
certify to the city his total development cost of the subdivision,
and any appropriate adjustments in the inspection fee shall be made
at that time. Notwithstanding the foregoing, the city may through
grant, loan or in cash or in-kind contribution, participate in the
cost of extension of lines, utilities, or other facilities if at the
discretion of the council, the participation would serve a valid public
purpose and be an overall benefit to the city. City will pay an increase
in cost due to an increase in the capacity of any line if the increase
is made by [or] at the request of the city to serve areas and improvements
beyond the subdivision that is the subject of the application.
(Ordinance 1419, sec. 9.105, adopted 8/24/10)