§ 4. Conformity of plats.

(1)

Hereafter all subdivisions made within the city and within one (1) mile of the corporate limits thereof, and not located in any other municipality, shall be subject to and shall conform to these regulations and shall conform to the major thoroughfare plan and other plans for such territory, or part thereof, including the land use plan and other portions of the master plan.

(2)

Tracts of land to be platted into lots if required:

(a)

If any tract or lot of land is divided into shapes which can be described only by metes and bounds, or if any addition or subdivision which already has been platted into blocks and lots and subsequently sold into parts of blocks or lots which can be described only by metes and bounds, or if the courses, distances, and sizes of each lot or fractional lot are not given or marked upon the plat so that the precise location of each lot and fractional lot can be ascertained accurately, surveyed, or laid out, the owner of such tract or tracts, upon the request of the city auditor, shall have such land platted or replatted, as the case may be, into lots or blocks according to deeds on record and as requested division of existing lots or blocks.

(b)

If such plat cannot be made without an actual survey of the land, the same must be surveyed and platted and the plat thereof recorded as provided by this Code.

(c)

If the owners of any such tract refuse or neglect to cause such plat and survey, when necessary, to be made and recorded within thirty (30) days after such request, the city may retain some registered surveyor, upon the request of the city auditor, who shall make out such plat from the records of the register of deeds if practicable, but if it cannot be made from such records, then he shall make the necessary survey and plat thereof, and the city auditor shall have the same recorded, but no such plat may be recorded until approved by the city engineer of the city. A certificate of the approval of such plat must be made by the officer making the same endorsed on the plat or map. Such certificate also must be recorded and forms a part of the record. When such plat has been duly certified and recorded, any description of the property in accordance with the number and description set forth in such plat must be deemed a good and valid description of the lots or parcels of land so described. No such plat or description may bear the name or number which already has been applied to any plat or description previously made and recorded as a part of any such city.

(d)

When the owner of such land fails to comply with the provisions of this section, the cost of surveying, platting, and recording must be paid by the city, upon allowance by the city council and the amount thereof must be added to the taxes upon such tracts or lots the ensuing year. Such taxes, when collected, must be credited to the city general fund. The surveyor making such survey or plat is entitled to receive for his services in making the same the compensation allowed by law for doing other county surveying or platting, and such fees become a legal charge upon such tracts of land.

(3)

If a replat of an existing plat or any part thereof, either within the City of Jamestown or those lands lying within the extraterritorial jurisdiction of the City of Jamestown, results in:

(a)

An additional lot or lots;

(b)

Eliminates a lot or lots; or

(c)

Adds additional land to an existing lot or lots; then, the replat must be designated and renamed as a new and separate plat. This subsection shall not apply to the replat of existing lots when the existing external lot lines of the total affected area are not altered and the number of resulting lots does not change as the result of the replat.

(4)

Any plat located within the extraterritorial jurisdiction of the City of Jamestown, which shall abut or otherwise be located adjacent to any federal or state highway right-of-way, shall provide for a sixty-foot road right-of-way between the existing federal or state right-of-way and any platted lot or lots.

(Ord. No. 1187, 1-3-00; Ord. No. 1257, 3-1-04)