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(1)
(a) An area may incorporate as a town in accordance with this part if the area:
(i) subject to Subsection (1)(c), is contiguous;
(ii) has a population of at least 100 people, but fewer than 1,000 people; and
(iii) is not already part of a municipality.
(b) An area may incorporate as a city in accordance with this part if the area:
(i) subject to Subsection (1)(c), is contiguous;
(ii) has a population of 1,000 people or more; and
(iii) is not already part of a municipality.
(c) An area is not contiguous for purposes of Subsection (1)(a)(i) or (b)(i) if:
(i) the area includes a strip of land that connects geographically separate areas; and
(ii) the distance between the geographically separate areas is greater than the average width of the strip of land connecting the geographically separate areas.
(2)
(a) An area may not incorporate under this part if:
(i) the area has a population of fewer than 100 people; or
(ii) except as provided in Subsection (2)(b), the area has an average population density of fewer than seven people per square mile.
(b) Subject to Subsection (1)(c), an area that does not comply with Subsection (2)(a)(ii) may incorporate under this part if the noncompliance is necessary to connect separate areas that share a demonstrable community interest.
(3) Subject to Subsection (1)(c), an area incorporating under this part may not include land owned by the United States federal government unless:
(a) incorporating the land is necessary to connect separate areas that share a demonstrable community interest; or
(b) excluding the land from the incorporating area would create an unincorporated island within the proposed municipality.
(4)
(a) Except as provided in Subsection (4)(b), an area incorporating under this part may not include some or all of an area proposed for annexation in an annexation petition under Section 10-2-403 that:
(i) was filed before the filing of the request for a feasibility study, described in Section 10-2a-202, relating to the incorporating area; and
(ii) is still pending on the date the request for the feasibility study described in Subsection (4)(a)(i) is filed.
(b) A request for a feasibility study may propose for incorporation an area that includes some or all of an area proposed for annexation in an annexation petition described in Subsection (4)(a) if:
(i) the proposed annexation area that is part of the area proposed for incorporation does not exceed 20% of the area proposed for incorporation;
(ii) the request complies with Subsections 10-2a-202(1) and (2) with respect to excluding the proposed annexation area from the area proposed for incorporation; and
(iii) excluding the area proposed for annexation from the area proposed for incorporation would not cause the area proposed for incorporation to not be contiguous under Subsection (1)(c).
(c) Except as provided in Section 10-2a-206, the lieutenant governor shall consider each request to which Subsection (4)(b) applies as not proposing the incorporation of an area proposed for annexation.
(5)
(a) An area incorporating under this part may not include part of a parcel of real property and exclude part of that same parcel unless the owner of the parcel gives written consent to exclude part of the parcel.
(b) A piece of real property that has more than one parcel number is considered to be a single parcel for purposes of Subsection (5)(a) if owned by the same owner.