How golf course land is taxed and the rules to keep that tax break

The following definitions shall apply for purposes of this Section:means the actual or estimated costs to improve the land into an operating golf course.means property that has been developed for the sport of golf, including its related and incidental activities.means the actual use of property for the sport of golf and its related and incidental activities.means land rent based on golf course use.means the sale price of a property operated and used as a golf course and land acquired for golf course use.Land operated and used as a golf course shall be assessed for property tax purposes on the following basis: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.In determining the value of actual use, the factors to be considered shall include, among others, rental income, cost of development, and sales price.In order to qualify in having land assessed in valuation as a golf course, the owner of any parcel of land desiring or presently using his or her land for a golf course shall, as a condition precedent, qualify as follows:Dedication of Land.The owner of any parcel of land for a golf course shall petition the Director and declare in his or her petition that he or she will dedicate his or her parcel of land for a golf course.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.The failure of the owner to observe the restrictions on the use of his or her land to that of a golf course shall cancel the special tax assessment privilege retroactive to the date of the dedication but not more than 10 years prior to the tax year in which the exemption is disallowed; 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% 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 the land as a golf course.The Director shall prescribe the form of the petition. The petition shall be filed by July 1st of any calendar year and shall be approved or disapproved by September 15th of such year. If approved, the assessment based upon the use requested in the dedication shall be effective on October 1st.The owner may appeal any disapproved petition as in the case of an appeal from an assessment.The term "owner," as used in this Section, includes lessees of real property whose lease term extends at least 10 years effective from the date of the petition.The amount of additional taxes due and owing where the owner has failed to observe the restriction on the use shall attach to the property as a paramount lien in favor of the County as provided in Sec. 5A-5.1.Covenant Not to Engage in Discrimination. The owner shall covenant in his or her petition with the Director that he or she 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.