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ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth Legislature Second Regular Session |
House: GE DPA 12-0-1-0 | 3rd Read 57-2-1-0
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HB 2455: incorporation; urban areas
Sponsor: Representative Carter, LD 8
Transmitted to the Governor
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. Requires the petitioners, at least six months before publishing a copy of the petition to incorporate a community, provide written notice of their intention to publish a copy of the incorporation petition with the BOS. (Sec. 1)
2. States that the written notice must also be published in a newspaper of general circulation in the area to be affected for two consecutive weeks. (Sec. 1)
3.
Stipulates 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.
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)
4. Specifies that uninhabited includes land owned by a mining or metallurgical company. (Sec. 1)
5. Eliminates the statutory references to a planned community association during declarant control so the provisions no longer apply relating to incorporation. (Sec. 2)
6. Requires the BOS to exclude from the proposed community to be incorporated the area or portion of the area covered by a planned community association that, during the period of declarant control, has notified the BOS of its request to be excluded. (Sec. 2)
7. Maintains that petitioners are not required to resubmit a petition if the remaining area to be incorporated meets the population qualifications in statute. (Sec. 2)
8. Specifies that if the remaining area proposed for incorporation does not meet the population qualifications, the BOS must reject the petition. (Sec. 2)
9. Makes a technical change. (Sec. 1)
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HB 2455
Initials SJ Page 0 Transmitted
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