15.2-3602 - Proof required and order for incorporation.
§ 15.2-3602. Proof required and order for incorporation.
A. The special court shall order that the proposed town be incorporated uponproof that:
1. It will be in the interest of the inhabitants within the proposed town;
2. The prayer of the petition is reasonable;
3. The general good of the community will be promoted;
4. The number of inhabitants of the proposed town exceeds 1,000;
5. The area of land designated to be embraced within the town is notexcessive;
6. The population density of the county in which such community is locateddoes not exceed 200 persons per square mile according to the last precedingUnited States census, or other census directed by the court; and
7. The services required by the community cannot be provided by theestablishment of a sanitary district, or under other arrangements provided bylaw, or through extension of existing services provided by the county inwhich the community is located.
B. The order shall recite the substance of the petition and the due
publication thereof, and that the requirements of subsection A have been met.
The order shall (i) be entered upon the court's common-law order book, (ii)
decree that the community is incorporated as a town by the name of "The Town
of ............ (naming it)," and (iii) designate the metes and bounds of the
town or incorporate by reference the recorded plat. Thereafter the
inhabitants within such bounds shall be a body politic and corporate, with all
the powers, privileges and duties conferred upon and appertaining to towns
under the general law. However, such town shall perform no municipal services
or contract any debt until its governing body is elected, qualifies and takes
office. A copy of the order shall be certified by the court to the Secretary
of the Commonwealth, who shall certify it to all proper officers of the
Commonwealth. No town created under this section subsequent to January 1,
1972, and no city formed from such town shall consolidate with any county or
portion thereof under the provisions of Article 2 (§ 15.2-3520 et seq.) of
Chapter 35 of this title.
(Code 1950, § 15-67; 1950, p. 443; 1956, c. 217; 1962, c. 623, § 15.1-967;1964, c. 467; 1972, c. 863; 1979, c. 85; 1980, c. 45; 1997, c. 587.)