Sec. 14.16. Hearing and determination.
a. Hearing open to public. The hearing held by the Town Board shall be open to the public. Any testimony or evidence which, in the discretion of the Town Board, is relevant to the organization of the District shall be considered.
b. Criteria for consideration of service plan. After consideration of the service plan, reports and any evidence and testimony accepted or taken at the public hearing, the Town Board shall approve without condition, approve with condition or disapprove the proposed service plan or amendment, applying the following criteria:
1. Whether there is a sufficient existing and projected need for organized service in the area to be serviced by the proposed District;
2. Whether the existing service in the area to be served by the proposed District is inadequate for present and projected needs;
3. Whether the proposed District is capable of providing economical and sufficient service to the area within its proposed boundaries;
4. Whether the area to be included in the proposed District has or will have the financial ability to discharge the proposed indebtedness on a reasonable basis;
5. Whether adequate service is not or will not be available to the area through the Town or other existing quasi-municipal corporations, including existing Districts, within a reasonable time and on a comparable basis;
6. Whether the facility and service standards of the proposed District are compatible with the facility and service standards of the Town;
7. Whether the proposal is in substantial compliance with the Town’s Comprehensive Plan;
8. Whether the proposal is in substantial compliance with the county, regional or state long-range water quality management plans for the area;
9. Whether the creation of the District will be in the best interests of the area proposed to be served;
10. Whether the creation of the District will be in the best interests of the residents or future residents of the area proposed to be served;
11. Whether the proposed service plan is in substantial compliance with this Article; and
12. Whether the creation of the District will foster urban development that is remote from or incapable of being integrated with existing urban areas, or place a burden on the Town or adjacent jurisdictions to provide urban services to residents of the proposed District. (Ord. 791, 2005; Ord. 846, 2006)