9-101.01. Incorporation; urbanized area
A. Notwithstanding any other provisions of law, all territory within six miles of an incorporated city or town, as the same now exists or may hereafter be established, having a population of five thousand or more persons, and all territory within three miles of any incorporated city or town, as the same now exists or may hereafter be established, having a population of less than five thousand persons is declared to be an urbanized area.
B. Through December 31, 2020, if the city or town causing the urbanized area to exist is in a county in which more than sixty per cent of the population but less than sixty-five per cent of the population lives in an incorporated city or town and does not approve a legal and proper petition requesting annexation of the area proposed for incorporation by a valid ordinance of annexation within one hundred twenty days of its presentation:
1. Within one year after the date of the initial annexation causing the urbanized area to exist, all territory within five miles of an incorporated city or town, as the same now exists or may hereafter be established, having a population of five thousand or more persons is declared to be an urbanized area.
2. Within two years after the date of the initial annexation causing the urbanized area to exist, all territory within four miles of an incorporated city or town, as the same now exists or may hereafter be established, having a population of five thousand or more persons is declared to be an urbanized area.
3. Within three years after the date of the initial annexation causing the urbanized area to exist, all territory within three miles of an incorporated city or town, as the same now exists or may hereafter be established, having a population of five thousand or more persons is declared to be an urbanized area.
4. Within four years after the date of the initial annexation causing the urbanized area to exist, all territory within two miles of an incorporated city or town, as the same now exists or may hereafter be established, having a population of five thousand or more persons is declared to be an urbanized area.
5. Within five years after the date of the initial annexation causing the urbanized area to exist, all territory within one mile of an incorporated city or town, as the same now exists or may hereafter be established, having a population of five thousand or more persons is declared to be an urbanized area.
6. Within six years after the date of the initial annexation causing the urbanized area to exist, no territory bordering the incorporated city or town having a population of five thousand or more persons may be declared to be an urbanized area.
C. Except as provided in subsection E, no territory within an urbanized area shall hereafter be incorporated as a city or town, and the board of supervisors shall have no jurisdiction to take any action on a petition to incorporate a city or town within such area, unless either:
1. There is submitted with the petition for incorporation a resolution adopted by the city or town causing the urbanized area to exist approving the proposed incorporation.
2. There is filed with the board of supervisors an affidavit stating that a proper and legal petition has been presented to the city or town causing the urbanized area to exist requesting annexation of the area proposed for incorporation and such petition has not been approved by a valid ordinance of annexation within one hundred twenty days of its presentation.
D. If such resolution or affidavit is filed with the board of supervisors, the board shall proceed with incorporation of the area.
E. Through December 31, 2020, if the area proposed for incorporation has a population of fifteen thousand or more persons, is in a county in which more than sixty per cent of the population but less than sixty-five per cent of the population lives in an incorporated city or town and all of the area proposed for incorporation has a governing board, including a planned community board of directors or a special district board, the board of supervisors shall proceed with incorporation or annexation of the area without a resolution adopted by the city or town causing the urbanized area to exist approving the proposed incorporation or an affidavit filed with the board of supervisors stating that a proper and legal petition has been presented to the city or town causing the urbanized area to exist requesting annexation of the area proposed for incorporation.
F. Notwithstanding any other provisions of this section, no portion of the territory of any city or town incorporated before June 20, 1968 shall be declared to be an urbanized area. If any such city or town is declared to have been unlawfully incorporated by the final judgment of a court of competent jurisdiction after June 20, 1968, all or any portion of the territory of the city or town may be incorporated without regard to any of the provisions of this section if petitions praying for the incorporation thereof or petitions praying for the calling of an election for such purpose are filed with the board of supervisors within one year from the date on which such judgment becomes final.
G. Through December 31, 2020, subsections B and E of this section do not apply to an area or a portion of an area covered by a planned community association as defined in section 33-1802 during the period of declarant control unless the declarant grants permission to the party seeking to submit a petition to incorporate pursuant to subsection C of this section.
Section: 9-101 9-101.01 9-101.02 9-101.03 9-102 9-103 9-104 9-121 9-122 9-131 9-132 9-133 9-134 9-135 9-136 NextLast modified: October 13, 2016