[Adopted as §§ 1-7-1 through 1-7-7 of the 1972 Code (Ch. 17, Art. II, of the 1990 Code of Ordinances)]
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.