48-2002. Annexation of noncontiguous property

337 words·~2 min read·/az/title-48/48-2002

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. If the statement described in section 48-262, subsection A requests the annexation of property located within an incorporated city or town but not encompassing all the territory within the boundaries of the city or town, in addition to the other requirements of section 48-262, subsection A, the governing body shall approve the district boundary change impact statement and authorize the circulation of petitions only if the governing body of the city or town has by ordinance or resolution endorsed the annexation and the annexation is authorized pursuant to this title.

B. The area within the proposed change does not have to be contiguous to any boundary of the sanitary district to which it is annexed provided that the property between the sanitary district and the proposed area to be annexed belongs to the United States, the state of Arizona or the county wherein the district lies, or is a parcel or parcels of undeveloped land which is not susceptible of feasibly being provided sewer service by any other public or private entity presently providing such sewer service within five miles from the location of the property.

The sanitary district may pay the costs of the extension of its sewer lines across the intervening public land not within the sanitary district. The extension shall occur at the discretion of the board.

C. In addition to the provisions of subsection A of this section, if the noncontiguous property to be annexed is within an urbanized area, the governing body shall obtain the approval, by resolution, from each city or town adjacent to or near by the urbanized area prior to the urbanized area's annexation. For the purposes of this subsection, "urbanized area" means the area within three miles of a city or town with a population of less than five thousand persons according to the most recent United States decennial census or within six miles of a city or town with a population of five thousand persons or more according to the most recent United States decennial census.