Landowner-Initiated Petitions

Petitions are used by landowners requesting capital improvements such as road paving or for requesting a "no-pave" restriction on a roadway. Landowners interested in road or other capital improvements or no paving requests must contact the District office and will be referred to the District Engineer for project review prior to issuing the District's authorized petition form. Please refer to the Enhanced Stabilization Policy below.

Enhanced Stabilization Policy - Effective April 20, 2017

I. PURPOSE

To create a systematic procedure for South Indian River Water Control District’s landowners to apply for road surface upgrades on roads maintained by SIRWCD.

II. PROCEDURE

The South Indian River Water Control District Board of Supervisors hereby establishes the following:
1. No roadway will be considered for enhanced stabilization unless the easement width, drainage swales, and road base are considered suitable by the District Manager of Operations and the District Engineer.

 

2. Enhanced stabilization shall be in accordance with the design and specifications approved by the District Manager of Operations and District Engineer.

 

3. Should a roadway need enhancements to be considered suitable for the project as determined by the District Manager of Operations and District Engineer, the landowners shall pay the costs of these improvements.

 

4. Enhanced stabilization projects require a petition by landowners having signatures from more than 50% of the lots abutting the road segment or lots within the benefitted area, as determined by the District Engineer. Petitions shall be submitted to the District Office requesting the project along with a petition review fee (as recommended by the District Engineer and approved by the Board of Supervisors). Petitions shall be on a District approved form which provides a range of preliminary estimated paving costs provided by the District Engineer and such petitions shall state whether the project will be financed by the District. The Board of Supervisors may approve or deny the Petition after the District Manager of Operations and District Engineer review, verify, and make recommendations.

 

5. After submission of a qualified petition, Board approval, and review by the District Manager of Operations and District Engineer, a referendum ballot will be sent to all landowners on the road segment or all landowners in the benefited area reflecting the estimated assessments. A successful referendum under this policy requires an affirmative vote by at least 90% of benefited landowners for passage.


6. There are two options for funding a project. The choice between Landowner financing or District financing must be part of the initial petition request and the choice must be clearly noted on the petition:

 

a. District financing: benefited landowners will be assessed for their portion of the actual cost of the project over the term of the financing secured by the District. Landowners who wish to pay their portion of the project without financing charges must submit their portion of the estimated project cost to SIRWCD prior to District financing of the project. Payment due dates will be announced to affected landowners.

b. Landowner financing: Projects not financed by the District must have all estimated costs paid in full prior to the project being added to a Plan of Improvement.


7. Petitions for landowner initiated enhanced stabilization projects will be available from the SIRWCD office on the first business day in February of each year and must be returned to SIRWCD by the last business day in April of the same year. Petitions meeting the requirements of the District Manager of Operations and District Engineer will be presented for approval by the Board no later than August 31 of the same year.
Once approved, referendum ballots will be mailed via certified mail to benefitted landowners. Landowners will have at least 30 days to return a completed referendum ballot with the date due for return clearly noted on the envelope and/or referendum ballot.

III. ADDITIONAL CONSIDERATIONS

1. The District Board of Supervisors has the right to deny any landowner initiated project.


2. Petitions are only for one road section, defined as a continuous section of roadway of the same street name. Road sections considered for enhanced stabilization shall connect to existing stabilization of equal or greater durability on at least one end and consisting of a logical section of roadway (i.e., 1/4 mile, 1/2 mile, 4-way intersection, etc.).


3. For projects not financed through SIRWCD, no landowner shall be required by SIRWCD to provide funds. Funds collected for these projects will be held in escrow in a non-interest bearing account until all funds are collected and paid out. All funds must be collected by SIRWCD within one (1) year of a successful referendum. If adequate funds are not collected, the collected funds, less administrative, staff, and other fees or costs incurred by the District, will be returned to the landowners who paid. In the event of a project exceeding the budgeted amount, the additional funds needed to complete the project will be collected as a SIRWCD non-ad valorem assessment on the benefitted properties. Funds in excess of the project cost will be refunded proportionally to the amounts paid by each landowner.


4. Projects financed through SIRWCD are generally assessed on a per parcel benefited basis, although a per acre benefited or per foot of benefited frontage basis may be used, as determined by the Board of Supervisors.


5. Landowners must wait a minimum of three (3) years before a section of a road which failed in a referendum may be included in a new referendum. In addition, the failed section cannot be added to another section prior to the expiration of the three (3) year wait period.


6. Neighborhood plans approved by the Palm Beach County Commission shall be considered by the SIRWCD Board of Supervisors when making decisions about project approvals.


7. District Roads do not qualify for traffic calming devices.


8. Paving a road does not eliminate or reduce the annual road maintenance non-ad valorem assessment on a landowner’s tax bill.


9. A public record notice will be filed for all [benefited] properties within a project upon a successful referendum.


10. Landowners may choose to utilize a road paving program provided by Palm Beach County.

IV. NO PAVE PETITIONS

Landowners interested in placing a “no enhanced stabilization” or “no pave” restriction on the roadway adjacent to their property for a period of five (5) years may make a request in writing per the following procedures.


1. No-Pave Petitions shall be submitted to the District Office on a District-approved form within the time-frames specified for Enhanced Stabilization Petitions in Section II.7.


2. A No-Pave Petition fee (as recommended by the District Engineer and approved by the Board of Supervisors) shall be submitted at the time a petition is returned to the District office.


3. To be considered for approval, a No-Pave Petition shall be signed by landowners owning more than 50% of the lots abutting the road segment subject to the petition indicating their objection to paving. No-Pave Petitions shall be held on file with the District for a period of five (5) years following Board approval.


4. The Board of Supervisors may approve or deny the Petition after the District Manager of Operations and District Engineer review, verify, and make recommendations.


5. If the road segment designated in the No-Pave Petition overlaps a majority of parcels contained within an Enhanced Stabilization Petition submitted after the No-Pave Petition is approved by the Board, the Enhanced Stabilization Petition will not be accepted and no additional Enhanced Stabilization Petitions for such road segment will be accepted for five (5) years following approval of the No- Pave Petition by the Board.


6. No-Pave Petitions must meet the same criteria as Enhanced Stabilization Petitions regarding continuity, connection, and size as specified in Section III.2 of the Enhanced Stabilization Policy.


7. All No-Pave Petitions currently on file with the District as of April 20, 2017 upon approval of this policy shall expire five (5) years from their original submittal date.


8. Un-verified No-Pave Petitions on file with the District when this policy is adopted shall remain un-verified until such time as an Enhanced Stabilization Petition is submitted having the majority of its parcels overlapped by the road segment in the No-Pave Petition, but in no case following the expiration date of the No-Pave Petition.


9. If a signature of a landowner for a specific parcel appears on both a “No Pave” and an “Enhanced Stabilization” petition, the signature is not valid for either petition and will not be counted as part of the percentage of approval.