§ 9-8. Community-managed open space.
(a) Definitions.
(1) In general.
In this section, the following terms have the meanings indicated.
(2) Community managed open space; CMOS.
"Community managed open space" or "CMOS" has the meaning stated in State Tax-Property Article, § 7-519(a)(2).
(3) Community open space management entity; COSME.
"Community open space management entity" or "COSME" has the meaning stated in State Tax-Property Article, § 7-519(a)(3).
(4) Cultivated state.
"Cultivated state" means a state where design and choice of plants and materials is guided by human preference.
(5) Natural state.
"Natural state" means an undeveloped state where design and choice of plants and materials is not guided by human preference, with the exception of the elimination by human intervention of invasive or non-native species.
(6) Sensitive environmental areas.
"Sensitive environmental areas" means forests or other undeveloped areas, in a natural state, that are managed to contribute ecological benefits to air or water or to provide animal and plant habitat.
(b) Rules and regulations.
Subject to Title 4 {"Administrative Procedure Act – Regulations"} of the City General Provisions Article, the Director of Finance, after consultation with the Director of the Office of Sustainability, may adopt rules and regulations to carry out the provisions of this section.
(c) Exemption granted.
In accordance with State Tax-Property Article § 7-519, a community managed open space, owned by a community open space management entity, is exempt from Baltimore City real property taxes if, in accordance with the rules and regulations adopted under this section, it is:
(1) for open spaces in a cultivated state, no larger than 2 acres;
(2) for sensitive environmental areas, no larger than 10 acres; and
(3) if owned by a COSME holding more than 3 community-managed open space sites, the COSME does not have more than 50% of its holdings within a 1-mile radius of any given site.
(d) Required reporting.
A COSME claiming 1 or more exemptions under this section must submit to the Office of Sustainability:
(1) an annual status report by April 1st of each year that provides the information required by the Office of Sustainability, including the names and contact information for each CMOS's manager and assistant manager; and
(2) a more detailed report every 4 years that provides the information required by the Office of Sustainability, including information about the level of community involvement and improvements made at each CMOS.
(e) Required deed restrictions.
(1) CMOS to be maintained.
For all properties acquired after the effective date, a COSME must include in deeds for property exempted under this section a requirement that the land will be used only as a CMOS in a cultivated or natural state so long as it is owned by the COSME.
(2) City right of first refusal.
A COSME acquiring land transferred to it from the City must include language approved by the Department of Real Estate or by the Board of Estimates in any deed for property exempted under this provision that grants the City a right of first refusal for the land in the event that the COSME seeks to sell or transfer the land.