[HISTORY: Adopted by the Town Council of the Town of Lincoln 8-15-1973
(Ch. 5, Art. II, of the 1990 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Blasting — See Ch. 82.
Soil erosion and sedimentation control — See Ch. 213.
Zoning — See Ch. 260.
STATE LAW REFERENCES
See Ch. .
This chapter is adopted pursuant to the authority granted under provisions
of the General Laws, including R.I.G.L. §§ 45-2-1, 45-6-1,
45-6-2 and 45-24-1,[1] and the State Constitution and pursuant to § C5-8(3) of the Charter and the ordinances of the Town; also, pursuant to the authority granted under an Act of the 1973 General Assembly as approved by the electors at the regular biennial Town election held June 5, 1973. The purpose of this chapter is the promotion and preservation of the public peace, health, safety, welfare, and comfort of the inhabitants and the protection of persons and property within the Town.
[1]
Editor's Note: Said R.I.G.L. § 45-24-1 was repealed by P.L.
1991, ch. 307.
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:
That person charged by the Town with the issuance of building permits.
The extraction, quarrying, or removal of any sand, gravel, loam,
topsoil, stone, clay or shale from deposits on any tract of land on which
it is found, or any commercial landstripping within the Town. This definition
excludes, however, earth removal:
For the construction of a building for which a building permit has been
issued.
For the construction of a roadway.
For a subdivision in accordance with a plat plan or plans in accordance
with the Town's Subdivision Regulations and approved by the Town's Planning
Board.
For earth removal involved in the process of grading land.
From a sand and gravel plant or limestone quarry already in operation
upon the passage of this act.
The Planning Board as established by the Town.
Any zone in which no use save dwellings, including multifamily dwellings,
is permitted without first obtaining a variance, exception, or special exception
from the Zoning Board of Review.
The Zoning Board of Review as established by the Town.
Upon any land located within a residential use area or within 50 feet
of such residential district:
A.
Earth removal operations shall not be conducted within
the Town except by a special exception granted upon application to the Town
Council showing good cause;
B.
No earth removal shall be conducted within a distance
of the greater of 25 feet of the boundary of any tract of land adjacent to
residential use property or within 50 feet of any dwelling;
C.
The boundary of any tract of land upon which earth removal
is being conducted adjacent to developed residential property shall be fenced,
such fencing shall be six feet in height and of such construction as to effectively
control access to the area in which such earth removal is being conducted;
D.
Calcium chloride or oil shall be applied to all nonhard
surfaced roads used for vehicular ingress or egress to any tract of land upon
which earth removal is conducted, and to the regularly traveled roads within
any such tract of land. Such applications shall be made at intervals and in
amounts sufficient to prevent observable dust from rising from the road surfaces;
E.
Upon any tract of land upon which earth removal is being
conducted adequate drainage shall be provided to prevent the permanent collection
and stagnation of surface or underground waters, and the flooding or erosion
of surrounding property;
F.
Adequate and reasonable dust control measures will be
initiated.
