§ 220-58. Farm labor housing within established Ontario County Agricultural Districts located within RR-3, AR-1 and AR-2 Districts.

A. 

Intent. The intent of this section is to allow for the placement of farm labor housing on active farms located within an established Ontario County Agricultural District, within the RR-3, AR-1 and AR-2 Districts, for the express purpose of providing low-cost housing alternatives for bona fide full-time farm labor employees of an agricultural operation.

B. 

Limitations. No portion of this section shall be construed as to permit the placement of manufactured housing on lands not included in an established Ontario County Agricultural District, or on lands which are not established as an active commercial agricultural operation, defined as a full-time farm with gross annual agricultural income sales in excess of $50,000, or to provide housing for individuals not in the direct employ of the commercial agricultural operation on which the manufactured housing is proposed to be placed. No permit issued in conformance with the conditions and requirements contained herein shall be valid for a period of greater than the effective period for which the land continues to be located within an Ontario County certified agricultural district. Upon the renewal of an Agricultural District by the County and certification by the Commissioner of the State Department of Agriculture and Markets, an application for renewal of a special use permit for farm labor housing shall be required.

C. 

Conditions.

(1) 

Placement of farm labor housing by special use permit shall be restricted to farm lands located within an established Ontario County Agricultural District which are located within the RR-3, AR-1 or AR-2 District.

(2) 

Placement of a farm labor dwelling unit shall be by special use permit restricted to full-time employees, who are not an owner or partner of the farm operation, and their families.

(3) 

Placement of farm labor housing shall be permitted only on lands directly associated with full-time commercial agricultural operations with $50,000 in gross sales annually.

(4) 

Placement of a farm labor dwelling unit may be permitted within an accessory structure located in the rear yard portion of the lot. Said dwelling unit may be either located within an existing farm building or a manufactured dwelling unit used exclusively for farm labor employees.

(5) 

In addition to the conditions set forth in § 220-35 of this chapter, the following information will be required to be submitted with the application for special use permit:

(a) 

Financial statements, either CPA certified or in the form of previous year New York State income tax returns, providing evidence of an active commercial agricultural operation as defined above.

(b) 

Copies of employment information for at least one of the proposed resident(s) of the manufactured housing, including proof of employment in the form of proof of payment of social security and workers' compensation contributions by the commercial agricultural operation and copy (copies) of filed I-9 employment eligibility verification forms. For the purposes of this section, an "employee" is defined as an individual working a minimum of 40 hours per week for a minimum of 26 weeks of each calendar year. In cases where manufactured housing is to be placed on a site prior to the hiring of an employee, then the applicant shall have no more than 30 days to provide the documentation provided for in this section from the day the manufactured housing is placed on the site.

(6) 

Setbacks for the proposed farm labor manufactured housing dwelling unit shall be consistent with those of the respective zoning district, except for the front setback. Front setbacks shall be no less than 60 feet or equivalent to the front setback of the principal structure on the site, whichever is greater. Additionally, no farm labor manufactured housing dwelling unit shall be more than 200 feet from the primary residential structure of the agricultural operation. Where no primary residential structure exists appurtenant to the agricultural operation, then the farm labor manufactured housing dwelling unit shall be no more than 200 feet from the largest structure, as measured by its area of footprint, associated with said agricultural operation. In no event shall a farm labor manufactured housing dwelling unit be allowed on a parcel of land that does not have an agricultural building used as part of the established farm operation.

(7) 

The applicant must provide documentation of potable water supply and adequate wastewater disposal and/or treatment systems for the proposed manufactured housing or the farm labor dwelling unit.

(8) 

All farm labor manufactured housing dwelling units shall be adequately anchored and have installed on all sides skirting which shall conceal all frames, piers or other nonfoundation supports.

(9) 

Where more than two farm labor dwelling units are proposed on a single parcel of active farmland, the applicant shall prepare a site plan as provided for elsewhere in this chapter.

D. 

Renewal. Any special use permit issued pursuant to this section for a farm labor dwelling unit shall be granted for a maximum period which shall coincide with the effective dates for the land remaining as part of a certified agricultural operation within an established Ontario County Agricultural District as certified by the State Commissioner of Agriculture and Markets. Upon renewal and certification of said Agricultural District, each special use permit shall be subject to review and renewal for a period of time not to exceed the effective dates of the continued Agricultural District.

E. 

Removal.

(1) 

Upon an approved farm labor dwelling unit being vacated for a period of two years or more, said dwelling unit shall be required to be completely removed from the subject property.

(2) 

Should a parcel of land not continue to be a part of an Ontario County Agricultural District, then the special use permit shall automatically expire. The Town shall provide written notice to the property owner of the effective date of the expiration of said special use permit. Then the previously approved farm labor dwelling unit shall be required to be removed within 30 days of said permit expiration.