(1)The board of county
commissioners of each county which has territory included within the proposed
special district, other than a proposed special district which is contained entirely
within the boundaries of a municipality, shall constitute the approving authority
under this part 2 and shall review any service plan filed by the petitioners of any
proposed special district. With reference to the review of any service plan, the
board of county commissioners has the following authority:
(a)To approve without condition or modification the service plan submitted;
(b)To disapprove the service plan submitted;
(c)To conditionally approve the service plan subject to the submission of
additional information relating to or the modification of the proposed service plan.
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(1) The board of county
commissioners of each county which has territory included within the proposed
special district, other than a proposed special district which is contained entirely
within the boundaries of a municipality, shall constitute the approving authority
under this part 2 and shall review any service plan filed by the petitioners of any
proposed special district. With reference to the review of any service plan, the
board of county commissioners has the following authority:
(a) To approve without condition or modification the service plan submitted;
(b) To disapprove the service plan submitted;
(c) To conditionally approve the service plan subject to the submission of
additional information relating to or the modification of the proposed service plan.
(2) The board of county commissioners shall disapprove the service plan
unless evidence satisfactory to the board of each of the following is presented:
(a) There is sufficient existing and projected need for organized service in
the area to be serviced by the proposed special district.
(b) The existing service in the area to be served by the proposed special
district is inadequate for present and projected needs.
(c) The proposed special district is capable of providing economical and
sufficient service to the area within its proposed boundaries.
(d) The area to be included in the proposed special district has, or will have,
the financial ability to discharge the proposed indebtedness on a reasonable basis.
(2.5) The board of county commissioners may disapprove the service plan if
evidence satisfactory to the board of any of the following, at the discretion of the
board, is not presented:
(a) Adequate service is not, or will not be, available to the area through the
county or other existing municipal or quasi-municipal corporations, including
existing special districts, within a reasonable time and on a comparable basis.
(b) The facility and service standards of the proposed special district are
compatible with the facility and service standards of each county within which the
proposed special district is to be located and each municipality which is an
interested party under section 32-1-204 (1).
(c) The proposal is in substantial compliance with a master plan adopted
pursuant to section 30-28-106, C.R.S.
(d) The proposal is in compliance with any duly adopted county, regional, or
state long-range water quality management plan for the area.
(e) The creation of the proposed special district will be in the best interests
of the area proposed to be served.
(3) The board of county commissioners may conditionally approve the
service plan of a proposed special district upon satisfactory evidence that it does
not comply with one or more of the criteria enumerated in subsection (2) of this
section. Final approval shall be contingent upon modification of the service plan to
include such changes or additional information as shall be specifically stated in the
findings of the board of county commissioners.
(3.5) (a) The board of county commissioners may exclude territory from a
proposed special district prior to approval of the service plan submitted by the
petitioners of a proposed special district. The petitioners shall have the burden of
proving that the exclusion of the property is not in the best interests of the
proposed special district. Any person owning property in the proposed special
district who requests that his or her property be excluded from the special district
prior to approval of the service plan shall submit the request to the board of county
commissioners no later than ten days prior to the hearing held under section 32-1-204, but the board of county commissioners shall not be limited in its action with
respect to exclusion of territory based upon the request. Any request for exclusion
shall be acted upon before final action of the county commissioners under section
32-1-205.
(b) Notwithstanding subsection (3.5)(a) of this section, if the service plan
submitted by the petitioners of a proposed special district is for a health service
district, health assurance district, or early childhood development service district,
the board of county commissioners shall not accept or act upon the request of a
person owning property in the proposed special district that his or her property be
excluded from the special district.
(4) The findings of the board of county commissioners shall be based solely
upon the service plan and evidence presented at the hearing by the petitioners,
planning commission, and any interested party.
(5) In the case of a proposed health service district, submission to the board
of county commissioners by the petitioners of a license or certificate of compliance
or evidence of a pending application for a license or certificate of compliance
issued by the department of public health and environment shall constitute
compliance with subsections (2) and (2.5) of this section.