2013 Maryland Code
TAX - PROPERTY
§ 10-202 - Deferral of county property tax -- Prince George's County planned development property

§10-202.

(a) (1) In this subsection, “staged-development zoning classification” includes M-A-C, L-A-C, E-I-A, I-3, and other similar comprehensive design or staged-development zoning classifications.

(2) Except as provided in paragraph (3) of this subsection and notwithstanding Subtitle 1 of this title, the governing body of Prince George’s County may authorize by law a payment deferral of the county property tax for the owner of undeveloped land that is rezoned for industrial or commercial use under a staged-development zoning classification if:

(i) the industrial or commercial land in the proposed development is at least 25 acres;

(ii) as determined by the supervisor, the county property tax deferred for each taxable year does not exceed the county property tax on any increase in assessment that would otherwise result directly from the change in zoning classification to industrial or commercial use; and

(iii) the deferred payment of county property tax is not for land in the proposed development that is zoned for other than industrial or commercial use.

(3) The governing body of Prince George’s County may not authorize a payment deferral for county property tax for real property located in a development district established under Title 12, Subtitle 2 of the Economic Development Article.

(b) (1) A payment deferral under this section begins on the effective date of the later of:

(i) the Prince George’s County law authorizing the payment deferral; or

(ii) the change in zoning.

(2) The payment deferral under this section does not apply to any taxable year before the effective date under paragraph (1)(i) of this subsection.

(c) (1) The payment deferral under this section may not be authorized for more than 5 years and ends when:

(i) a building permit is issued to construct a building on the land subject to this section; or

(ii) except as provided in paragraph (2) of this subsection, the land subject to this section is rezoned at the request of the owner to a zoning classification that makes the land ineligible for county property tax deferral under this section.

(2) If a permit is issued to construct a building on any land that is subject to this section and the remainder of the land meets the acreage requirements of subsection (a)(2)(i) of this section, the county property tax may be deferred on the remainder of the land.

(d) The county property tax that is deferred under this section, and any interest specified in the law authorizing the deferral, are due on the earlier of:

(1) 5 years from the deferral; or

(2) when the deferral ends under subsection (c)(1) of this section.

§ 10-202 - 1. Deferral of county property tax -- Revitalization districts in Prince George's County

(a) "Revitalization district" defined. -- In this section, "revitalization district" means a district designated by resolution adopted by the Prince George's County Council and approved by the County Executive or designated by the governing body of a municipal corporation in Prince George's County.

(b) Findings and declarations. --

(1) It is found and declared that there exists within Prince George's County:

(i) a number of economically depressed areas in need of revitalization; and

(ii) deteriorating communities.

(2) Older commercial centers are decaying. A need exists to provide an incentive to property owners to revive the older communities. New business in these areas would bring about new housing and new jobs. The establishment of revitalization districts with the provision of a tax deferral will give property owners an incentive to renovate deteriorating properties.

(c) Establishment of revitalization districts. --

(1) Subject to paragraph (2) of this subsection, the governing body of Prince George's County or any municipal corporation within Prince George's County may by resolution establish revitalization districts for the purpose of encouraging revitalization.

(2) The governing body of Prince George's County may not establish a revitalization district within the boundaries of a municipal corporation without the approval of the governing body of the municipal corporation.

(d) Authorization of tax deferral. -- The governing body of Prince George's County or the governing body of a municipal corporation in Prince George's County may authorize, by law, the deferral of increased property taxes imposed by that governing body on real property located within a revitalization district that:

(1) is substantially renovated after the creation of the revitalization district;

(2) is reassessed as the result of the renovation and is assessed at a higher value than would otherwise have been assessed; and

(3) is eligible for the tax deferral as provided by local law.

(e) Eligibility for tax deferral. -- The governing body authorizing the tax deferral may authorize, by law, procedures for the determination of eligibility of property for the tax deferral by:

(1) establishing criteria for the extent of renovation;

(2) requiring approval of the renovation plan; and

(3) requiring the owner of the property to make application for the deferral.

(f) Applicability and duration of tax deferral; liens. -- The deferral authorized under this section:

(1) may apply only to the tax liability increase directly attributable to the value added by the renovation of the property;

(2) may not be granted for a period exceeding 5 years; and

(3) shall constitute a lien on the property until paid in full.

(g) Expiration of deferral; payment of deferred taxes. --

(1) Upon expiration of the deferral, the governing body may provide for payment of the deferred taxes in 1 payment or in annual payments of not more than 5 payments.

(2) Upon transfer of ownership of the property, the governing body may provide for immediate payment of the deferred taxes in 1 payment.