It is the intent of the Town Council to establish
an Official Map for the purpose of serving and promoting the public
health, safety, morals, convenience, economy, orderliness and general
welfare of the community; to further the orderly layout and use of
land; to stabilize the location of real property boundary lines; to
insure proper legal descriptions; to facilitate adequate provision
for transportation; and to facilitate the further subdivision of larger
tracts into smaller parcels of land.
The Official Map shall show the location of
the streets of the Town theretofore existing and established by law
as public streets. The boundaries of the streets are hereby established
as shown on a map entitled “Lincoln Official Map,” filed
at the office of the Town Clerk. Such map is hereby made a part of
this article. Such Official Map shall also show the location of the
lines of streets on plats of subdivisions which shall have been approved
by the Planning Board.
The Town Council is authorized and empowered
to make, from time to time, additions to or modifications of the Official
Map by placing thereon the exterior lines of planned new streets or
street extensions, widenings, narrowings, or vacations. No such changes
shall become effective until after a public hearing in relation thereto,
at which parties in interest and citizens shall have an opportunity
to be heard. At least 10 days' notice of such a public hearing shall
be published in a newspaper of general circulation in the Town. Before
making such additions or changes, the Town Council shall refer the
matter to the Planning Board for report thereon, but if the Planning
Board shall not make its report within 45 days of such reference,
the necessity for such report may be deemed to be waived. The locating,
widening, or closing, or the approval of the locating, widening, or
closing of streets by the Town under provisions of law other than
those contained in this article shall be deemed to be a change or
addition to the Official Map and shall be subject to all the provisions
of this article except provisions relating to public hearing and referral
to the Planning Board. The placing of any street or street line upon
the Official Map shall not in and of itself constitute or be deemed
to constitute the opening or establishment of any street or the taking
or acceptance of any land for street purposes.
For the purpose of preserving the integrity
of the Official Map, no building permit shall be issued for any building
in the bed of any street shown on the Official Map except as herein
provided. Whenever one or more parcels of land upon which is located
the bed of such a mapped street cannot yield a reasonable return to
the owner unless a building permit be granted, the Zoning Board of
Review, hereinafter referred to as the “Board,” may, in
a specific case after public hearing for which reasonable notice shall
have been given to all interested parties and at which parties in
interest and others shall have an opportunity to be heard, grant a
permit for a building in the bed of such mapped street which will
as little as practicable increase the cost of opening such street,
or tend to cause a minimum change of the Official Map, and the Board
may impose reasonable requirements as a condition of granting the
permit so as to promote the health, safety, morals, convenience, economy,
orderliness and general welfare of the community. The Board shall
refer the application to the Planning Board for report and recommendation
before taking action, and shall refuse a permit where the applicant
will not be substantially damaged by placing his building outside
the mapped street.
No building permit for the erection of any building
shall be issued unless the building lot abuts a street which has been
placed on the Official Map giving access to the proposed structure;
and before a permit shall be issued, such street shall have been certified
to be suitably improved, or such suitable improvements shall have
been assured by means of a performance guarantee, in accordance with
rules and regulations adopted in the same manner as rules and regulations
for subdivisions as provided in R.I.G.L. § 45-23.1-1 et
seq. Where the enforcement of this section would entail practical
difficulty or unnecessary hardship, or where the circumstances of
the case do not require the structure to be related to a street, the
Board may, in a specific case and after a public hearing for which
reasonable notice has been given to all interested parties and at
which parties in interest and others shall have an opportunity to
be heard, make reasonable exceptions and issue a permit subject to
conditions that will assure adequate access for fire-fighting equipment,
ambulances and other emergency vehicles necessary for the protection
of health and safety and that will protect any future street layout
shown on the Official Map.
Any person aggrieved by any decision of the
Board may present to the Supreme Court a petition duly verified setting
forth that such decision is illegal in whole or in part and specifying
the grounds of illegality. Such petition shall be presented in accordance
with R.I.G.L. § 45-23.1-5.
Immediately upon the adoption of the ordinance from which this article derives, a certificate shall be recorded with the Town Clerk showing that the Town has established an Official Map. There shall be a certified copy of the Official Map as described in §
220-23. The certified copy shall be recorded and kept by the office of the Town Clerk, and shall be available for inspection by any interested person during regular office hours. The certified copy shall bear on its face a certification that it is a true copy of the Official Map described in and accompanying this article and shall show the date of the adoption of the ordinance from which this article derives and shall be signed by the Town Administrator and countersigned by the Town Clerk. Thereafter no change or addition to such Official Map shall become effective until it shall have been indicated by the appropriate convention on the aforementioned certified copy of the Official Map and a certificate placed thereon or attached thereto bearing the number and date of adoption of the amending ordinance. The certificate shall be signed by the Town Administrator and countersigned by the Town Clerk.