(1) (a) An area may incorporate as a town in accordance with this part if the area: (i) (A) is contiguous; or (B) is a community council area; (ii) has a population of at least 75 people, but fewer than 1,000 people; and (iii) is not already part of a municipality. (b) A preliminary municipality may transition to, and incorporate as, a town, in accordance with Section 10-2a-510. (c) An area may incorporate as a city in accordance with this part if the area: (i) (A) is contiguous; or (B) is a community council area; (ii) has a population of 1,000 people or more; and (iii) is not already part of a municipality. (2) (a) An area may not incorporate under this part if: (i) the area has a population of fewer than 75 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) Subsection (2)(a)(ii) does not prohibit incorporation of an area if: (i) noncompliance with Subsection (2)(a)(ii) is necessary to connect separate areas that share a demonstrable community interest; and (ii) the area is contiguous. (3) An area incorporating under this part may not include land owned by the United States federal government unless: (a) the area, including the land owned by the United States federal government, is contiguous; and (b) (i) incorporating the land is necessary to connect separate areas that share a demonstrable community interest; or (ii) 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
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