REVISED 08/10/26
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.
- 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.
- 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 petroleum-based 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.
- 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.
- 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.
- 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 that must be remediated 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. For the purposes of this section, a major reconstruction means an alteration to any part of an existing structure which replaces 50% or more of the existing structure, including walls, roofs, floors, wiring, plumbing and insulation, as calculated by the Building Inspector.
(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. For the purposes of this section, a transfer of ownership shall not include an intra-family transfer or a transfer where there is no change in beneficial ownership.
- 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.