Village of Rye Brook, NY Chapter 162 Oil- and Gas-Burning Equipment

[HISTORY: Adopted by the Board of Trustees of the Village of Rye Brook 12-3-1984 by L.L. No. 32-1984; 12-15-1992 by L.L. No. 2-1992. Amendments noted where applicable.]

§ 162-1 Title and purpose.

[Amended 2-14-2023 by L.L. No. 1-2023]

This chapter shall be known as the "Oil- and Gas-Burning Equipment and Flammable Liquids Law," a law to regulate the construction and installation of fuel oil- and gas-burning equipment and fuel storage tanks.

§ 162-2 Permit required.

[Amended 8-26-2003 by L.L. No. 13-2003; 10-28-2014 by L.L. No. 9-2014; 2-14-2023 by L.L. No. 1-2023]

A. No person shall construct, install, or remove oil-burning or gas-burning equipment or fuel storage tanks in the Village of Rye Brook without first obtaining a permit from the Building Inspector. The permit shall be accompanied by a fee to be determined by the Board of Trustees. The current License and Fee Schedule is on file in the Village Clerk's office.

B. All application materials shall be submitted in electronic file format acceptable to the Building Department in addition to at least one signed original application form and three paper copies of all plans and surveys, or such other format or amount as determined by the Building Department. The Building Department may waive the electronic submission requirement only in extraordinary cases of technical infeasibility.

§ 162-3 Compliance with federal, state, county and local requirements.

[Added 2-14-2023 by L.L. No. 1-2023[1]]

All indoor residential and commercial oil- and gas-burning equipment and fuel storage installations, distribution, and uses shall be in accordance with the applicable requirements of the New York State Uniform Fire Prevention and Building Code ("Uniform Code"), the Code of the Village of Rye Brook, and all other applicable federal, state, and county laws, rules, and regulations.

[1] Editor's Note: This local law also redesignated former § 162-3 as § 162-5.

§ 162-4 Exterior placement of oil- and gas-burning equipment and fuel storage tanks.

[Added 2-14-2023 by L.L. No. 1-2023]

A. Exterior placement of any oil-burning equipment, gas-burning equipment or fuel storage tanks in a commercial district or for a commercial business or a multifamily use in a residential district shall require site plan approval in accordance with Chapter 209 of the Village Code. Site plan approval shall also be required for the exterior placement of oil- and gas-burning equipment and fuel storage tanks on common property within a planned unit development or conservation subdivision.

B. Exterior placement of any oil-burning equipment, gas-burning equipment or fuel storage tanks in a residential district, including single- or two-family residential uses in a planned unit development or conservation subdivision, must comply with the following:

(1) All exterior oil-burning equipment, gas-burning equipment or fuel storage tanks must be placed in the rear or side yard of any residential property.

(2) To the extent practicable, all exterior oil-burning equipment, gas-burning equipment or fuel storage tanks shall be co-located with other existing or proposed outdoor mechanical equipment, such as an air-conditioning unit, but in no event shall any oil-burning or gas-burning equipment be located closer to the nearest point of the house of any adjacent neighbor(s) than the house serviced by the equipment.

(3) All exterior oil-burning equipment, gas-burning equipment or fuel storage tanks shall be placed as close to the house as possible in compliance with the equipment manufacturer's installation instructions and the requirements of the Uniform Code.

(4) All exterior oil-burning equipment, gas-burning equipment or fuel storage tanks shall be placed and adequately screened and maintained (with landscape or other appropriate material as approved by the Building Department) so as to minimize the visual impact on adjacent properties and the public right-of-way. Appropriate native landscape material shall include a mix of needle and broadleaf evergreen shrubs or a mix of evergreen and deciduous shrubs that will grow to a sufficient height and width to obscure views of the equipment. All exterior oil-burning equipment, gas-burning equipment or fuel storage tanks which are adequately screened by landscape material to obscure views from adjacent properties and the public right-of-way shall not be subject to review by the Board of Architectural Review. Any nonnatural screening not exceeding four feet in height shall be approved by the Building Department but not be subject to the permitting requirements in any ordinance of the Village.

C. Applications for variances from the terms of this section may be presented to the Zoning Board of Appeals of the Village of Rye Brook utilizing the same procedures and under the same terms and conditions applicable to area variance applications as set forth in § 250-13.

§ 162-5 Penalties for offenses.

Any violation by a person, firm, association or corporation of any of the provisions of this chapter shall be and hereby is declared to be a violation, and, upon conviction, such person, firm, association or corporation shall be subject to penalties as provided in § 1-17 of Chapter 1, General Provisions. Every day, or part thereof, that such violation shall continue shall be deemed to be a separate and distinct violation of the provisions of this chapter.