In this section, the following words have the meanings indicated. “Sustainability Office” means the Baltimore City Office of Sustainability, established by City Code <cite data-path="|1">Article 1</cite>, Subtitle 34. “Urban agricultural property” has the meaning stated in <cite data-doc="Md. Code" data-path="gtp|9-253">State Tax-Property Article, § 9-253</cite>. “Urban agricultural purposes” has the meaning stated in <cite data-doc="Md. Code" data-path="gtp|9-253">State Tax-Property Article, § 9-253</cite>. “Value” means the amount equal to:the gross income that is actually received from sales of plants, plant products, animals, or animal products produced on site; or for plants, plant products, animals, or animal products that are distributed free or at less than applicable market prices, the gross income that could reasonably be assumed to be received from their sale at market prices. In accordance with <cite data-doc="Md. Code" data-path="gtp|9-253">State Tax-Property Article § 9-253, </cite>a tax credit is granted against the City property tax imposed on qualified urban agricultural properties. To qualify for the credit granted by this section, a parcel of land:must be an urban agricultural property that is being used for urban agricultural purposes; may not be used for any other purpose that would subject the parcel to property tax liability; must be maintained in full compliance with the <cite data-path="|building-codes">City Building, Fire, and Related Codes Article</cite>; and unless a waiver is granted under paragraph (3) of this subsection, must produce and either sell or otherwise distribute each tax year plants, plant products, animals, or animal products with an aggregate value of $5,000 or more. The Sustainability Office may require an owner to verify values by providing copies of sales receipts or invoices and, if relevant, evidence of current market rates. The Sustainability Office may grant a waiver to the value requirement if, in the tax year for which the credit is being sought, the agricultural use of the property:is newly established; or has suffered an unexpected disaster, such as drought, vandalism, or infestation A waiver may not be granted under this paragraph for more than 2 consecutive tax years. The amount of the credit granted under this section is equal to:the amount of property tax that would otherwise be due on the property, less the amount of any other credit applicable to the property in that tax year, multiplied by 90%. A property owner seeking to obtain and annually maintain a credit under this section must:at least 90 days before the 1^st tax year for which the credit is sought, file an application for the credit with the Sustainability Office; and at least 90 days before each subsequent tax year during the term of the credit, file with the Sustainability Office a certification that the property continues to be used for urban agricultural purposes and to meet all other qualification for the credit. The application and certification must be in the form and contain the information that the Sustainability Office requires. The term of the credit is 5 tax years, unless renewed. On application made no later than 90 days before expiration of the 5-year term, a property owner may apply to renew the credit for another 5 tax years. If, at any time during the initial 5-year term of the credit or during a 5-year renewal term, the property ceases to be used for urban agricultural purposes:the credit granted to the property is terminated; and the owner of the property is liable for:all property taxes that would have been due during that 5-year term if the credit had not been granted, plus a surcharge at the rate of 1% for each month or fraction of a month accounting from the dates that those taxes would have become due had the credit never been granted through the date on which the taxes first became due by application of this subsection, A property owner may apply to the Director of Finance for a waiver of all or part of the surcharge imposed under paragraph (1) of this subsection. The property owner has the burden to demonstrate that:the cessation of the property’s use for urban agricultural purposes was the result of circumstances beyond the owner’s control; and the owner otherwise meets the requisite criteria for a waiver, as established in the rules and regulations adopted under subsection (h)(1)(ii) of this section. The Director of Finance shall consult with the Sustainability Office before denying or granting the application for a waiver, in whole or in part. The Director of Finance, after consultation with the Sustainability Office:shall, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, adopt rules and regulations to carry out this section, including:the procedures, forms, and documentation required to apply for the credit and to periodically evidence continuing eligibility for the credit; and the procedures and governing criteria for obtaining a surcharge waiver under subsection (g)(2) of this section; may settle disputed claims that might arise in connection with the credit; and may delegate to any other City agency or employee the powers, duties, or functions in connection with the administration of the credit. The Sustainability Office, after consultation with the Director of Finance, must analyze the public costs and benefits of the credits granted under this section and annually report its findings to the Board of Estimates and the City Council. Ord. 15-350 Ord. 15-427 Ord. 16-503 Text Conformed 02/25/21 Ord. 22-124 Ord. 22-125 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed this section to refer expressly to and reflect the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations. This section was enacted by Ordinance 15-350, effective June 7, 2015. Section 3 of that Ordinance calls for future evaluation of the credit’s effectiveness, as follows: “[A]fter the 3rd tax year for which a tax credit is authorized under this Ordinance, the Mayor and City Council must evaluate the effectiveness of the credit in promoting the use of property for urban agricultural purposes.”