9-101.01. Incorporation; urbanized area

A. Notwithstanding any other 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 percent of the population but less than sixty-five percent 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 after 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 or F of this section, territory within an urbanized area shall not hereafter be incorporated as a city or town, and the board of supervisors does not have jurisdiction to take any action on a petition pursuant to section 9-101 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 the petition has not been approved by a valid ordinance of annexation within one hundred twenty days after its presentation.

D. If a resolution or affidavit is filed with the board of supervisors pursuant to subsection C of this section, the board shall take action on the petition pursuant to section 9-101 to incorporate the proposed 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 percent of the population but less than sixty-five percent 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 take action on the petition pursuant to section 9-101 to incorporate the proposed area or proceed with 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. If the area proposed for incorporation has a population of fifteen thousand or more persons and that population is more than the population of the city or town that causes the urbanized area to exist and that opposes the proposed incorporation, the board of supervisors shall take action on the petition pursuant to section 9-101 to incorporate the proposed area without a resolution approving the proposed incorporation and adopted by the city or town causing the urbanized area to exist.

G. Notwithstanding any other provisions of this section, a portion of the territory of any city or town incorporated before June 20, 1968 shall not 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 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 after the date on which the judgment becomes final.

H. Through December 31, 2020, subsections B, E and F 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.