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Planning and Zoning 
Frequently Asked Questions for Annexations

Q.  How does a property get annexed?

A.  The state has rules regarding annexation that do not allow the Town to consider certain property for annexation, regardless of the situation.  First, the property must be contiguous, that is, it must touch the current Town Boundary.  To find out if an unincorporated property touches the Town Boundary, check our Future Land Use map (FLUM) in our MAPS page.  The solid black line is the Town Boundary.  Second, it must be "reasonably compact."  Third, as a practical matter, the property must also make sense in terms of the services we must provide as a resident of the property of the Town.

Property may be annexed by different methods.  The two main ways in which property is annexed are commonly referred to as "voluntary" annexation and annexation by "referendum".

Property owners may submit a voluntary annexation of contiguous property by submitting a voluntary annexation petition (signed by all property owners of the affected annexation) and voluntary annexation form.  The property is considered incorporated into the Town upon approval of the annexation ordinance after the second reading at Town Council.

Several property owners may initiate an annexation by referendum, which is the method used to annex large subdivisions at one time.  This process is governed by state law (Chapter 171 of the Florida Statues).  A referendum is held for registered voters in the area proposed to be annexed.  A majority of those casting votes determines the outcome and, if approved the area is incorporated into the Town.  If the area fails to gain a majority of votes, the area remains unincorporated.  The Town sets up the referendum by adopting an ordinance of annexation after holding at least two public hearings.  The referendum shall not be held sooner than 30 days following the final adoption of the ordinance.  This process must involve community meetings and a common desire to annex.  In order to intiate this process with the Town, please call or email David Kemp at (561) 741-2452.

The Town may also annex small enclave (Areas of unincorporated property that are completely surrounded by the Town) of ten acres or less through an interlocal agreement with Palm Beach County.  This is not a common method of annexation.  However, if the County and Town agree that is is in the best interest of the governmental agencies and the affected owners, they may elect to participate in an Interlocal Agreement to incorporate the property into the Town.

Q.  If my property is unincorporated, why would I want to consider annexing into the Town?

A.  You would benefit from the services that the Town provides, including better Police response times and more frequent patrols from a local police department.  A stronger and locally responsive code compliance office assures safer, more attractive neighborhoods.  Infrastructure such as streets, sidewalks, sanitary sewer, stormwater and potable water systems are maintained by the Town.  You will have a better interface in maintaining or improving these systems with a local municipality than with the County.  Our parks and recreational services will be available to you at a reduced resident cost.  Being incorporated also means that you have a voice in Town Government and an opportunity to vote and participate in making Jupiter the kind of Town everyone wants to be a part of.

Q.  How does the Town benefit from annexation?

A.  The Town does benefit from an increased tax base, howerver, the Town is more concerned with rectifying the Town boundary as a single geographical entity that does not have enclaves or irratic boundary edges.  The Town also benefits by being able to ensure the type of quality development that occurs in areas that feel like thay are in the Town based on their locations as enclaves.  The Town also benefits because certain State and federal funding formulas are based on total population.  We would benefit from the additional population numbers that do live here but are uncounted as Jupiter citizens by the census takers.  Uniform Town limits help eliminate confusion over service boundaries.  For example, by being able to clearly determine law enforcement, code compliance and building division jurisdiction.    

Q.  But I don't want to pay more taxes.  Won't annexation mean more money out of my pocket each year?

A.  Only registered voters of the area proposed to be annexed are allowed to vote on the referendum.  If a person owns property within the proposed annexation area, but is not a registered voter in the annexation area, he or she is not eligible to vote on a referendum.  In other words, voter registeration, not property ownership, determines who votes.  A simple majority will decide the outcome.

Q.  Who decides the outcome of an annexation by referendum?

A.  Only registered voters of the area proposed to be annexed are allowed to vote on the referendum.  If a person owns property within the proposed annexation area, but is not a registered voter in the annexation area, he or she is not eligible to vote on a referendum.  In other words, voter registeration, not property ownership, determines who votes.  A simple majority will decide the outcome.

Q.  What if I vote no, but my neighbor votes yes?

A.  If a majority of those casting ballots vote for annexation, the entire area proposed for annexation becomes part of the municipality.  This includes the property of those who vote against the annexation.  That is why it is important for the community that is calling for a referendum to hold well notified and represented community meetings.  The Town considers the decision to annex a very important decision for a community, therefore, we encourage the community to come to a consensus about the decision before the process begins.

Q.  Why doesn't the County stop annexation from taking place?

A.  Under the annexation procedures established in state law, the referendum process is initiated by the annexing municipality, and the registered voters in the proposed annexation area decide whether or not to become part of the city.  Florida Statutes provide a very limited role for the County in the referendum process.  This is unlike the voluntary annexation or interlocal agreement process, where the County does not have a more active role through its participation in the annexation process.

 

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