                                 CODE OF VIRGINIA

PROOF REQUIRED AND ORDER FOR INCORPORATION (§ 15.2-3602)

A. The special court shall order that the proposed town be incorporated upon
proof 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 not
   excessive;

   6. The population density of the county in which such community is located
   does not exceed 200 persons per square mile according to the last preceding
   United States census, or other census directed by the court; and

   7. The services required by the community cannot be provided by the
   establishment of a sanitary district, or under other arrangements provided by
   law, or through extension of existing services provided by the county in which
   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&#8217;s common-law order book, (ii) decree
that the community is incorporated as a town by the name of &#8220;The Town of
____________________ (naming it),&#8221; 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 (&#xA7; 15.2-3520 et seq.) of Chapter
35 of this title.

HISTORY: 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.