RESOLUTION TO SCHEDULE PUBLIC HEARING ON A LOCAL LAW ADDING A NEW §230-49.1 OF THE ZONING LAW TO PROHIBIT THE INSTALLATION OF A NEW OR REPLACEMENT OF AN EXISTING UNDERGROUND FUEL OIL STORAGE TANK, AND TO REQUIRE REMOVAL UPON RECONSTRUCTION OR LEAKAGE, OR AS A CONDITION OF OBTAINING AN UP-TO-DATE CERTIFICATE OF OCCUPANCY AND/OR THE TRANSFER OF OWNERSHIP.
RESOLVED, that the Board of Trustees of the Village of Dering Harbor hereby directs that a public hearing shall be held on Saturday, June 6, 2026 at 9:00 a.m. prevailing time, at the Village Hall, Locust Point Road, Dering Harbor, New York, to hear any and all persons either for or against a local law entitled: “A Local Law adding a new §230-49.1 of the Zoning Law to prohibit the installation of a new or replacement of an existing underground fuel oil storage tank, and to require removal upon reconstruction or leakage, or as a condition of obtaining an up-to-date certificate of occupancy and/or the transfer of ownership.”
LOCAL LAW NO. ___ OF 2026
A LOCAL LAW adding a new §230-49.1 of the Zoning Law to prohibit the installation of a new or replacement of an existing underground fuel oil storage tank, and to require removal upon reconstruction or leakage, or as a condition of obtaining an up-to-date certificate of occupancy and/or the transfer of ownership.
BE IT ENACTED by the Board of Trustees of the Village of Dering Harbor as follows:
SECTION 1. Amendment. Add a new §230-49.1 of the Zoning Law as follows: §230-49.1 Underground Fuel Oil Storage Tanks.
A. Purpose. It is the intent of these provisions to protect the groundwater supply of the Village by regulating the installation and maintenance of underground fuel oil storage tanks.
B. Terms. For the purposes of this section, the following terms shall have the following meanings.
ABOVEGROUND TANK – A tank where 100% of said tank is exposed above (and not on) the final ground elevation. Tanks located within an existing building above an impermeable basement floor shall be considered to be above ground.
EXISTING FUEL OIL STORAGE TANK – any tank existing on a property as of the effective date of this section, including any tank that may have been previously abandoned in place.
FUEL OIL STORAGE TANK – a tank of any size used for the storage of petroleumbased liquids including but not limited to fuel oil or kerosene, but does not include propane, natural gas or gasoline.
UNDERGROUND TANK – any tank where any portion of said tank is below the final grade elevation.
C. Permit required. A building permit shall be required for the installation or removal of a fuel oil storage tank. The removal of a fuel oil storage tank shall be in accordance with applicable State, County and Village regulations. A new fuel oil storage tank may only be installed above ground in accordance with applicable State, County and Village regulations.
D. Prohibitions. The installation of a new underground fuel oil storage tank shall be prohibited. The replacement of an existing underground fuel oil storage tank shall be prohibited, unless the new tank is installed aboveground in accordance with applicable State, County and Village regulations.
E. Removal Mandated. An existing underground fuel oil storage tank shall be removed from the property under the following conditions:
(1) An underground fuel oil tank that has leaked shall be removed and any leakage cleaned up in accordance with applicable State, County and Village regulations.
(2) An existing underground fuel oil storage tank shall be removed as a condition of the issuance of a demolition permit or a building permit involving major reconstruction on the property.
(3) An existing underground fuel oil storage tank shall be removed as a condition of obtaining an up-to-date Certificate of Occupancy and/or the transfer of ownership.
F. Abandonment Prohibited. An existing underground fuel oil storage tank shall not be abandoned in place.
SECTION 2. Authority. The proposed local law is enacted pursuant to Village Law §7-712, as well as Municipal Home Rule Law §§10(1)(i), 10(1)(ii)(a)(11), 10(1)(ii)(a)(12), and 10(2).
SECTION 3. Severability. If any section or subsection, paragraph, clause, phrase, or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole, or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional.
SECTION 4. Effective Date. This local law shall take effect upon filing with the Secretary of State pursuant to Municipal Home Rule Law.
AND BE IT FURTHER RESOLVED, that the Village Clerk is hereby authorized and directed to refer this local law to the Suffolk County Planning Commission; and
AND BE IT FURTHER RESOLVED, that the Village Clerk is hereby authorized and directed to publish the following Notice of Public Hearing:
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE, that the Board of Trustees of the Village of Dering Harbor hereby directs that a public hearing shall be held on Saturday, June 6, 2026 at 9:00 a.m. prevailing time, at the at the Village Hall, Locust Point Road, Dering Harbor, New York, to hear any and all persons either for or against a local law entitled: “A Local Law adding a new §230- 49.1 of the Zoning Law to prohibit the installation of a new or replacement of an existing underground fuel oil storage tank, and to require removal upon reconstruction or leakage, or as a condition of obtaining an up-to-date certificate of occupancy and/or the transfer of ownership.”
Copies of the proposed law are on file in the Village Hall, Mondays, Wednesdays and Fridays, from 10:00 AM. to 1:00 PM. or by appointment.
BY ORDER OF THE BOARD OF TRUSTEES VILLAGE OF DERING HARBOR, NEW YORK