May 1, 2006
Restricted Town Property
For the purposes of this policy the term “Restricted Town Property” shall mean and include all real property transferred to the Town of Middletown, the use of which is now or shall be restricted to a particular purpose by the grantor’s will, deed of grant or accompanying document, whether by easement, restriction, words of limitation, possibility of reverter or otherwise, as well as all land owned and used or dedicated by the Town of Middletown for conservation and open space purposes, (e.g. a municipal park).
Conversion or Use
Notwithstanding the fact that limitations on use of any restricted town property shall in the future be released, expire or otherwise be declared void and of no effect, the town may use said property for purposes other than the conservation and open space purposes for which it is then used or dedicated and/or as set forth in said limitation, only after the Council makes the following findings after public hearing thereon:
a. That the public need for which the town desires to utilize the property outweighs the public good afforded by continuing to utilize the property as set forth in said limitation and/or for the conservation and open space purposes for which it is then used or dedicated.
b. That no amount of restricted town and/or conservation and open space property is utilized to meet the proposed need than is reasonably necessary.
c. There is no other available and reasonably feasible site for the proposed use.
d. That the town has acquired or arranged the acquisition of replacement land of similar size and utility as the restricted and/or conservation and open space town property. Said property shall be devoted to the uses originally required of the restricted and/or conservation or open space town property.
Recordation
A certified copy of the vote of the Council affirming such findings shall be recorded in the land evidence records of the Town of Middletown.