BIL 044 Draft 03 2022-2024 - Laserfiche WebLink

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(D) Documentation of food safety certification from the U.S. Department of Agriculture; or (E) Receipts demonstrating an investment of a minimum of $10,000 in farm equipment, fertilizers, or soil amendments for use on the subject property. (4) If the application is approved, renewal of the application for the assessment, based upon the use requested, shall be required every five years from the initial approval date or earlier, at the discretion of the director, provided that: (A) The documentation provided under subsection (c)(3) encompasses at least five years and remains in effect; and (B) Documentation of annual sales or donations of food totaling a minimum of $ 1,000 are provided to the director at the time of renewal. Sales or donations must be generated from the assessed property. Annual sales shall be documented through excise tax receipts. Donations of food must be to a nonprofit 501(c)(3) organization. (d) Deferred or rollback tax. (1) A deferred or rollback tax shall be imposed on the owner of the agricultural land won any of the following events: (A) The owner fails to observe any restriction, condition, or provision on the use of the land; (B) The property is converted to a County zoned district other than agricultural, residential and agricultural, family agricultural, intensive agricultural, agricultural project district as a result of a petition by the owner or lessee; (C) The property is subdivided into parcels of less than five acres in size; or (D) A condominium property regime is declared for the property resultingin condominium units with areas less than five acres in size. (2) The deferred tax shall commence from the date the conversion was made retroactive to the date the agricultural use assessment was approved, but for not more than a period of two years plus the current year. (3) The amount of deferred taxes shall be based on the difference between the assessed market value at highest and best use and the assessed agricultural use value of the land at the tax rate applicable for the respective years, with a ten percent penalty." SECTION 7. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material, and underscoring need not be included. SECTION 8. Severability. If any provision of this ordinance, or the application thereof to any taxpayer or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. 4