ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

 

HB 2455: incorporation; urban areas

Sponsor: Representative Carter, LD 8

Committee on Government & Elections

Overview

Outlines the process for qualified electors in a community to incorporate.

History

Current law describes an urbanized area as all territory within six miles of an incorporated city or town that has a population of 5,000 or more people, and all territory within three miles of an incorporated city or town that has a population of less than 5,000 people.

A territory within an urbanized area may not be incorporated as a city or town and the Board of Supervisors (BOS) is prohibited from taking any action on a petition for incorporation within such area unless:

1)   A resolution adopted by the city or town causing the urbanized area to exist is submitted with the petition and approves the proposed incorporation; or

2)   An affidavit is filed with the BOS stating that a petition was submitted to the city or town causing the urbanized area to exist that requests annexation and it was not approved within 120 days (A.R.S. § 9-101.01).

An area to be incorporated may not include large areas of rural or farm lands but must be urban  (A.R.S. § 9-101).

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteStipulates that for incorporation, the exception to the large areas of uninhabited, rural or farm land may qualify as follows:

a)   The lands have been platted and approved by the BOS for housing or commercial development before filing a petition with the BOS; and

b)   The owner of the property agrees to include the land in the proposed incorporation area and provides a notarized statement of support along with a map of the proposed area. (Sec. 1)

2.   Redefines urbanized area for purposes of incorporation by removing population thresholds and decreasing from six miles to one mile, the territory of the urbanized area.  (Sec. 2)

3.   Eliminates the statutory references to a planned community association during declarant control so the provisions no longer apply relating to incorporation.  (Sec. 2)

4.   Makes a technical change.  (Sec. 1)

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8.                     HB 2455

9.   Initials SJ  Page 0 Government & Elections

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