Section 483. Exemption from taxation of structures and buildings essential to the operation of agricultural and horticultural lands

1.  Structures
  and  buildings  essential  to the operation of lands actively devoted to
  agricultural or horticultural use and  actually  used  and  occupied  to
  carry   out  such  operation  which  are  constructed  or  reconstructed
  subsequent to January first, nineteen hundred sixty-nine  and  prior  to
  January  first,  two  thousand nineteen shall be exempt from taxation to
  the  extent  of  any  increase  in  value  thereof  by  reason  of  such
  construction or reconstruction for a period of ten years.
    2.  The  term "structures and buildings" shall include: (a) structures
  and buildings or portions thereof used directly and exclusively  in  the
  raising  and  production  for  sale  of  agricultural  and horticultural
  commodities or necessary for the storage thereof, but not structures and
  buildings or portions thereof used for the  processing  of  agricultural
  and  horticultural  commodities,  or  the  retail  merchandising of such
  commodities; (b) structures and buildings used to  provide  housing  for
  regular  and  essential  employees  and their immediate families who are
  primarily employed in connection with the operation  of  lands  actively
  devoted  to  agricultural  and  horticultural  use,  but  not  including
  structures and buildings occupied as a residence by  the  applicant  and
  his  immediate  family;  (c)  structures  and  buildings  used as indoor
  exercise arenas  exclusively  for  training  and  exercising  horses  in
  connection  with the raising and production for sale of agricultural and
  horticultural commodities or  in  connection  with  a  commercial  horse
  boarding  operation  as  defined  in  section  three  hundred one of the
  agriculture and markets law. For purposes  of  this  section,  the  term
  "indoor  exercise  arenas"  shall  not  include riding academies or dude
  ranches; (d) structures and buildings used in the  production  of  maple
  syrup;  (e) structures and buildings used in the production of honey and
  beeswax including those structures and buildings used for the storage of
  bees. For purposes  of  this  section,  this  shall  not  include  those
  structures  or buildings and portions thereof used for the sale of maple
  syrup or sale of honey and beeswax. The term "structures and  buildings"
  shall  not  include silos, bulk milk tanks or coolers, or manure storage
  and handling facilities as such terms are used in section  four  hundred
  eighty-three-a of this title.
    3.  The  term "lands actively devoted to agricultural or horticultural
  use" shall mean lands not less than five acres in area actually used  in
  bona  fide  agricultural  and  horticultural  production  and  operation
  carried on for profit.
    4. Such  exemption  from  taxation  shall  be  granted  only  upon  an
  application  by  the  owner  of  the  building  or  structure  on a form
  prescribed  by  the  state  board.  The  applicant  shall  furnish  such
  information as such board shall require. Such application shall be filed
  with  the assessor of the city, town, village or county having the power
  to assess property for taxation on or  before  the  appropriate  taxable
  status  date  of  such city, town, village or county and within one year
  from the date of completion of such construction or reconstruction.
    5. If the assessor is satisfied that the applicant is entitled  to  an
  exemption  pursuant  to  this section, he shall approve the application.
  Such structures or buildings shall be exempt  from  taxation  as  herein
  provided.
    6.  The  assessed  value  of  any  exemption  granted pursuant to this
  section shall  be  entered  by  the  assessor  on  the  portion  of  the
  assessment roll provided for property exempt from taxation. An exemption
  granted pursuant to this section shall continue only while the buildings
  and structures are actually used and occupied as provided herein, but in
  no event for more then ten years.

    7.  In  the event that land or buildings or structures in agricultural
  or   horticultural   use   are   converted   to   non-agricultural    or
  non-horticultural use during the period of an exemption granted pursuant
  to  this  section,  the structures or buildings upon which the exemption
  was  granted  shall  be subject to roll-back taxes for the period during
  which the exemption was operative. Structures and buildings  subject  to
  roll-back taxes shall be taxed as provided herein.
    (a)  Notwithstanding any limitations contained in section five hundred
  fifty of this chapter, the assessors of the appropriate  assessing  unit
  shall enter on the taxable portion of the assessment roll of the current
  year the assessed valuation or valuations of the structures or buildings
  on  which  exemption  was  granted  in  any  prior  year or years at the
  assessed valuation or valuations as set forth on the exempt  portion  of
  the assessment roll or rolls.
    (b) The amount of roll-back taxes shall be computed by the appropriate
  tax levying body by applying the applicable tax rate for each such prior
  year  to  the  assessed valuation, as set forth on the exempt portion of
  the assessment roll, for such structures  or  buildings  for  each  such
  prior year during such period of exemption.
    (c)  Such  roll-back  taxes  shall be levied and collected in the same
  manner and at the same time as other taxes are  imposed  and  levied  on
  such roll.
    8.  As used in this section, the term "agricultural and horticultural"
  shall  include  the  activity  of  raising,  breeding  and  boarding  of
  livestock, including commercial horse boarding operations.