(a) For the purposes of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
Cost of Development. The actual or estimated costs to improve the land into an operating golf course.
Golf Course. Property that has been developed for the sport of golf, including its related and incidental activities.
Golf Course Use. The actual use of property for the sport of golf and its related and incidental activities.
Owner. A fee owner or any lessee of real property whose lease term extends at least 10 years effective from the date of the petition. Such lease must be duly entered into and recorded at the bureau of conveyances or filed in the office of the assistant registrar of the land court, on or before the date of the petition.
Rental Income. Land rent based on golf course use.
Rollback Tax. The difference between the amount of taxes that a dedicated golf course owner paid and the higher amount of taxes, if any, that would have been due from the owner if the golf course had not been dedicated under this section.
Sale Price. The sale price of a property operated and used as a golf course and land acquired for golf course use.
(b) To qualify in having land valued and assessed as a golf course, the owner of any parcel of land desiring to use or presently using such person’s land for a golf course shall as a condition precedent qualify as follows.
(1) Dedication of land.
(A) The owner of any parcel of land for a golf course shall petition the director and declare in the owner’s petition that the owner will dedicate the owner’s parcel of land for golf course use.
(B) The approval by the director of the petition to dedicate the land shall constitute a forfeiture on the part of the owner of any right to change the use of the land for a minimum period of 10 years, automatically renewable indefinitely, subject to cancellation by either the owner or the director upon five years’ notice at any time.
(C) The failure of the owner to observe the restrictions on the use of the land as a golf course shall cancel the land assessment based on golf course use retroactive to the date of the dedication, but not more than 10 years before the tax year in which the dedication is canceled; and all differences in the amount of taxes that were paid and those that would have been due from assessment in the higher use shall be payable with a 6 percent a year penalty from the respective dates that these payments would have been due. Failure to observe the restrictions on the use means failure for a period of over 12 consecutive months to use the land in that manner requested in the petition as a golf course by the overt act of changing the use for any period. Nothing in this paragraph shall preclude the county from pursuing any other remedy to enforce the covenant on the use of that land as a golf course.
(D) The director shall prescribe the form of the petition. The petition shall be filed by September 1 of any calendar year and shall be approved or disapproved by October 31 of such year. If approved, the assessment based upon the use requested in the dedication shall be effective on October 1 of the same calendar year.
(E) The owner may appeal any disapproved petition as in the case of an appeal from an assessment.
(F) When the owner has failed to observe the dedication restriction on golf course use, and at which time the dedication is canceled, the amount of additional taxes due and owing shall attach to the property as a paramount lien in favor of the county.
(c) Dedicated property operated and used as a golf course shall be valued and assessed for property tax purposes on the following basis:
(1) The value to be assessed by the director shall be on the basis of its actual use as a golf course rather than on the valuation based on the highest and best use of the land; and
(2) In determining the value of actual use, the factors to be considered shall include, among others, rental income, cost of development, and sale price.
(d) Covenant not to engage in discrimination. The owner shall covenant in the owner’s petition with the director that the owner will not discriminate against any individual in the use of the golf course facilities because of the individual’s race, sex, religion, color, or ancestry.
(Sec. 8-7.4, R.O. 1978 (1987 Supp. to 1983 Ed.)) (1990 Code, Ch. 8, Art. 7, § 8-7.4) (Am. Ords. 96-15, 00-64)