Town of Greenburgh, NY General Requirements and Design Standards

Preserve, insofar as practical, the natural terrain and drainage lines.

Disturb the natural fertility of the soil as little as possible.

Not cause any topsoil to be removed from the land except as hereinafter provided.

§ 250-8 Conformity to Official Map and Town Plan.

Subdivisions shall be in harmony with the Official Map of the Town and shall be in harmony with such portions of the Town Plan as may be in existence from time to time.

§ 250-9 Removal of trees; excavations.

Removal of trees. Notwithstanding any other provision of this chapter, any prospective subdivider whose plans would require the removal of any trees on said property shall make application to the Planning Board of the Town of Greenburgh, which shall have sole jurisdiction regarding the proposed removal of such trees. The Planning Board shall make such determination in accordance with all the provisions and procedures as set forth in the Town of Greenburgh Tree Ordinance (Chapter 260). In the event that a property owner, subsequent to the filing of a final plat, shall require the removal of any trees which deviate from the plans approved by the Planning Board, application must be made to the Tree Preservation Commission under the provisions and procedures of the Town of Greenburgh Tree Ordinance (Chapter 260), and all the requirements of said ordinance shall be applicable.

Excavation. It shall be unlawful for any prospective subdivider to excavate, strip or remove any topsoil, earth, sand, gravel, humus, rock or other mineral deposit from any land in that portion of the Town, unless:

An excavation permit for such excavation work shall have been duly issued by the Building Inspector pursuant to the provisions of this chapter.

Such excavation work, in its entirety, shall be undertaken, performed and completed in accordance with all provisions of the Town of Greenburgh Excavations and Soil Removal Ordinance (Chapter 210).

§ 250-10 Conformity to specifications for required improvements.

All required improvements shall conform to the Town specifications, which may be obtained from the Department of Public Works, or to specifications of other agencies if within their jurisdiction. If any subdivision falls within the jurisdiction of more than one agency, the most restrictive requirements on the prospective subdivider shall prevail.

§ 250-11 Street layout.

Width, location and construction. Streets shall be of sufficient width, grade, suitable location and adequate construction to accommodate the prospective traffic and to afford access for fire-fighting, snow, trash and garbage removal and road maintenance equipment and shall be so coordinated as to comprise a convenient system. The arrangement of streets shall be such as to cause no undue hardship to adjoining properties.

Arrangement. The arrangement of streets in the subdivision shall provide for the continuation of collector streets of adjoining subdivisions and for proper projection of collector streets into adjoining properties which are not yet subdivided, in order to make possible necessary fire protection, movement of traffic and the construction or extension, presently or when later required, of needed utilities and public services. Where, in the opinion of the Planning Board, topographic or other conditions make such continuance undesirable or impractical, the above conditions may be modified. The subdivision shall have two or more means of access by streets to an existing street or streets of width and construction equal to the requirements of these regulations. Subdivisions containing 20 lots or more shall have at least two street connections with streets previously placed on the Official Map. Where two or more existing streets are available, access shall be provided to at least two of them.

[Amended 6-5-2007 by L.L. No. 5-2007]

Local streets. Local streets shall be so laid out that their use by through traffic shall be discouraged.

[Amended 6-5-2007 by L.L. No. 5-2007]

Provision for resubdivision. Where a tract is subdivided into lots substantially larger than the minimum size required in the zoning district in which the subdivision is located, the Board may require that streets and lots be so laid out as to permit resubdivision in accordance with the requirements contained in these regulations.

Dead-end streets. The creation of dead-end or loop residential streets will be encouraged whenever the Board finds that such type of development will not interfere with normal traffic circulation in the area. Where dead-end streets are designed to be so permanently, whenever possible they should not exceed in length six times the minimum lot width in the zoning district and shall terminate in a circular turnaround having a minimum right-of-way radius of 50 feet and pavement radius of 40 feet. At the end of temporary dead-end streets, a temporary turnaround with a pavement radius of 40 feet within a temporary easement shall be provided, unless the Board approves an alternate arrangement. If such dead-end street is continued, it shall be the responsibility of the continuing subdivider to remove the temporary cul-de-sac and restore the area to a through-street condition, including the placement of topsoil and grass in areas previously covered by the temporary turnaround pavement and including any new pavement necessary to achieve proper grades and blending between the existing subdivision road and its new extension.

Block size. In general, no block shall be less than 200 feet nor more than 900 feet in length.

Street jogs. Street jogs with center-line offsets of less than 125 feet shall not be permitted except with the approval of the Board.

Angle of intersection. In general, all intersecting streets shall join each other so that for a distance of at least 100 feet the street is approximately at right angles to the street it joins.

Relation to topography. The street plan of a subdivision shall bear a logical relationship to the topography of the property and adjoining lands, and all streets shall be arranged so that as many of the building sites as possible shall be at or above the grade of the streets. Grades of streets shall conform as closely as possible to the original topography.

Right-of-way for widening or realignment. Where the subdivision includes or borders on an existing street and additional land is required for realignment or widening of such street, as indicated by the Town Plan or otherwise determined by the Board to be necessary, such land shall be marked on the subdivision plat: "Reserved for Street Widening (or Realignment) Purposes." Land reserved for realignment or widening purposes may not be counted in satisfying area of lot requirements or setback requirements of the Zoning Ordinance.[1]

Editor's Note: See Ch. 285, Zoning.

§ 250-12 Street design.

Standards for street design. Streets shall be designed and constructed to the current standards set forth in "A Policy on Geometric Design of Highways and Streets" published by AASHTO, as amended, and if the street classification is not indicated on the Town Plan, it shall be determined by the Board.

[Amended 6-5-2007 by L.L. No. 5-2007]

Minimum width of street pavement: The roadway widths shall be based on the number of lanes required to provide sufficient capacity to serve the projected traffic volumes and shall be determined using proper traffic engineering practices and capacity analyses. At no time shall the roadway pavement for two-way traffic be less than 26 feet and for one-way traffic be less than 14 feet. An additional seven feet of pavement shall be provided on each side of roadway where parking is permitted and/or five feet where a bicycle path is provided.

Minimum width of right-of-way: The width of the right-of-way shall exceed the pavement width by a minimum of eight feet on each side of the roadway and shall be no less than 50 feet.

Maximum grade for roads and cul-de-sacs: The maximum grades shall be in accordance with AASHTO standards. Design speed shall exceed the posted or permitted speed limit by 10 miles per hour or equivalent to the 85th percentile speed of the existing traffic as determined by appropriate surveys.

(4)

Minimum grade for roads and cul-de-sacs: The minimum roadway and cul-de-sac grades shall be 1%.

(5)

Minimum sight distance: Minimum sight distances shall be calculated in accordance with AASHTO standards. For roadway design, the Stopping Sight Distance Guidelines shall be used, and for intersection design, the Intersection Sight Distance (not Stopping) Guidelines shall be used. In both cases, the design speeds shall exceed the posted or permitted speed by 10 miles per hour or equivalent to the 85th percentile speed of the existing traffic as determined by appropriate surveys.

(6)

Minimum center-line radius of horizontal curve: The minimum center-line radius shall be calculated using AASHTO standards. The design speed shall exceed the posted or permitted speed limit by 10 miles per hour or equivalent to the 85th percentile speed of the existing traffic as determined by appropriate surveys.

(7)

Minimum length of vertical curve: The minimum length of vertical curve shall be determined based on AASHTO standards. The design speed shall exceed the posted or permitted speed by 10 miles per hour or equivalent to the 85th percentile speed of the existing traffic as determined by appropriate surveys.

(8)

Intersection curb radii: The curb radii at intersections shall be a minimum of 30 feet for all arterial and collector streets and 25 feet for all cul-de-sacs and local streets.

(9)

Cul-de-sac turnaround radii: A turnaround area with an outside radius of 40 feet or more shall be provided at the end of cul-de-sacs.

Improvements. Streets shall be graded and improved with pavements, curbs, monuments, gutters, sidewalks, fire hydrants, drainage facilities, water mains, sewers, streetlights, signs and street trees. The Planning Board may waive, subject to appropriate conditions, such improvements as it considers may be omitted without jeopardy to the public health, safety and general welfare. All grading and improvements shall be approved as to design and specifications by the Department of Public Works.

Utilities in streets. All utilities within the subdivision shall be placed underground. The Planning Board may require that underground utilities be placed in the street right-of-way between the paved roadway and street line to simplify location and repair of lines when they require attention. The subdivider shall install underground service connections to the property line of each lot within the subdivision for such required utilities before the street is paved.

Utility easements.

Where topography is such as to make impractical the inclusion of utilities within the street lines, perpetual unobstructed easements of no less than 20 feet in width may be required to be provided across property outside the street lines and with satisfactory access to the street. Wherever possible, easements shall be continuous from block to block and shall present as few irregularities as possible. Such easements shall be cleared and graded where required by the Town Engineer.

The Planning Board may require perpetual unobstructed easements across lots or centered on rear or side lot lines in order to provide for the future extension of public utilities to adjacent properties, whether such adjacent property is developed or undeveloped. The location and dimensions of such easements shall be as determined by the Town Engineer.

Steep grades and curves; visibility at intersections. A combination of steep grades and curves shall be avoided. In order to provide visibility for traffic safety, that portion of any lot, whether at an intersection entirely within the subdivision or of a new street with an existing street, as shown shaded on Sketch A, shall be cleared of all growth and obstructions above the level two feet higher than the center line of the street, or as needed to insure that the drivers' sight lines, as per AASHTO criteria, are unobstructed. If directed, ground shall be excavated to achieve visibility.

[Amended 6-5-2007 by L.L. No. 5-2007]

Watercourses. Where a watercourse separates a proposed street from abutting property, provision shall be made for access to all lots by means of culverts or other structures of design approved by the Department of Public Works. Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way, as required by the Department of Public Works and in no case less than 20 feet in width. The Planning Board may require that such watercourse, drainageway, channel or stream be enclosed.

Driveways. Lots shall be laid out so that driveways have access to that street upon which they abut which carries or is intended to carry the lesser amount of traffic.

[Amended 6-5-2007 by L.L. No. 5-2007]

Driveway grades between the curbline and the right-of-way line shall not exceed 10%.

Other than in an R-5 One-Family Residence District, driveways shall not be located within the side yard setback.

Driveways shall be perpendicular to the street right-of-way and removed from street intersections.

§ 250-13 Street names.

Type of name. Street names shall be selected by the prospective subdivider subject to the approval of the Planning Board.

Requirements.

Proposed street names shall be included on the preliminary plat.

Prospective subdividers shall be encouraged to consider the character of the neighborhood and the nature of street naming in the general vicinity.

Proposed street names shall be substantially different so as not to be confused in sound or spelling with present names in the Town and, where practical, in the villages, except that streets that join or are in alignment with streets of an abutting or neighboring property shall bear the same name.

(4)

Proposed street names should not be the same, exclusive of the suffix; e.g., Maple Street, Maple Avenue, Maple Lane, etc.

§ 250-14 Lots.

Arrangement; size. The building lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other natural conditions, in complying with the Zoning Ordinance[1] in order to build on each lot. Lots shall not be of such depth as to enable the later creation of a second building lot at the rear.

Editor's Note: See Ch. 285, Zoning.

Side lines. All side lines of lots shall be at right angles to straight street lines and radial to curved street lines, unless a variance from this rule will give a better street system or building lot plan.

Corner lots. Corner lots shall be of sufficient dimension so that any structure placed thereon shall conform to the building setback line of each street. On corner lots, there shall be rounding of corner lot lines with a twelve-foot radius.

Private streets. Access from private streets shall be deemed acceptable only if such streets are designed and improved in accordance with these regulations and are shown on the Official Map.

Monuments and lot corner markers. Permanent monuments of a size and type approved by the Town Engineer shall be set at such block corners, angle points, points of curves in streets and other points as the Town Engineer may require, and their location shall be shown on the subdivision plat.

Double frontage. Double-frontage lots shall be avoided except where essential to provide separation of residential development from streets or to overcome specific disadvantages of topography and orientation.

Reserve strips prohibited. Reserve strips of land, which might be used to control access from the proposed subdivision to any neighboring property or to any land within the subdivision itself, shall be prohibited.

Continuation of streets into adjacent properties. The arrangement of streets shall provide for their continuation between adjacent properties, where such continuation is determined necessary for proper traffic movement, effective fire protection, efficient provision of utilities, snow removal and other services and/or where such continuation is in accordance with the Town Development Plan. Alternatively, if a street continuation is determined not to be warranted by the circumstances or would result in unsafe traffic conditions or otherwise jeopardize the public safety and welfare, the Planning Board may require such street to be terminated short of the boundary lines of the subdivision. Where a continuation of a street beyond the boundaries of a subdivision is warranted but the adjacent property is undeveloped and the street must dead-end temporarily, the Planning Board may require that the right-of-way and all improvements be extended to the property line. A temporary circular turnaround of a minimum of 50 feet in radius shall be provided on all temporary dead-end streets in excess of 100 feet in length, with a notation on the plat that land outside the normal street right-of-way shall revert to abutting property owners upon continuation of the street.

§ 250-15 Drainage improvements.

Removal of spring- and surface water. The prospective subdivider may be required by the Planning Board to carry away by pipe or open ditch any spring- or surface water which may exist either previous to or as a result of the subdivision. Such drainage facilities shall be located in the street right-of-way, where feasible, or in perpetual unobstructed easements 20 feet in width. Location of such facilities shall be approved by the Department of Public Works. The Planning Board may require that such open ditch be enclosed.

Drainage structure to accommodate potential development upstream. A culvert or other drainage facility shall, in each case, be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the subdivision. The Department of Public Works shall approve the design and size of facility based on anticipated runoff from a ten-year storm under conditions of total potential development permitted by the Zoning Ordinance in the watershed.[1] Capacities for runoff from storms having a longer recurrence interval may be required upon the recommendation of the Town Engineer.

Editor's Note: See Ch. 285, Zoning.

Responsibility for drainage downstream. The prospective subdivider shall also study the effect of each subdivision on existing downstream drainage facilities outside the area of the subdivision. This study shall be reviewed by the Department of Public Works. Where it is anticipated that the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility, the Planning Board shall notify the Town Board of such potential condition. In such case, the Planning Board shall not approve the subdivision until provisions have been made for the improvement of said condition.

§ 250-16 Flood protection.

The prospective subdivider shall assure that:

All public utilities and facilities, such as sewer, gas, electrical and water systems, are located, elevated and constructed to minimize or eliminate flood damage.

Adequate drainage is provided so as to reduce exposure to flood hazards.

The prospective subdivider shall assure that new water supply systems or sanitary sewerage systems are to be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters and that on-site waste disposal systems are to be located so as to avoid impairment of them or contamination from them during flooding.

The prospective subdivider shall be required to adhere to all other applicable flood protection regulations of the Town of Greenburgh[1] and the Flood Insurance Administration of the United States Department of Housing and Urban Development. Land subject to flooding shall not be platted for residential occupancy or for any other use that may increase danger to life or property or aggravate the flood hazard, but such land shall be set aside for such use as shall not be endangered by periodic or occasional inundation.

Editor's Note: See Ch. 220, Flood Damage Prevention.

§ 250-17 Water distribution system.

The design of water mains shall be such as will allow for future development around and beyond the specific development to give the capacity and pressure that will ultimately be required by development in accordance with the Town Plan, the Official Map and Zoning Ordinance,[1] the American Insurance Association and the New York Insurance Services Office.

Editor's Note: See Ch. 285, Zoning.

All water mains shall be looped or installed in a grid system or planned for future looping or gridding by the Board and shall contain such pipes, valves, hydrants and appurtenances as will give complete control and proper pressure to the points of supply. If looping cannot be accomplished within the subdivision, the prospective subdivider shall construct all water mains possible within his own property for such loops.

§ 250-18 Sanitary sewers.

All sanitary and other wastes shall be disposed of in strict accordance with the rules and regulations of the Westchester County Department of Health, except that no separate sewage disposal system shall be permitted on lots less than 20,000 square feet in area.

§ 250-19 Parks; open space; natural features.

Recreation and open space.

In order to provide adequately for the comfort, convenience, safety, health and welfare of the residents of the Town, it is necessary to establish recreational and open space areas for the public use. The Planning Board has set a standard that will provide for the eventual development of an adequate system of play lots, playgrounds, neighborhood parks, playfields and large parks or open space for the residents of the Town.

The prospective subdivider or residential site plan developer shall provide recreational land, within the subdivision or residential development site, of suitable size and topography and suitably located. Alternatively, land and/or improvements may be provided off site at another location mutually agreeable to the developer and the Town. The amount of land and/or improvements shall be equal in value to money offered in lieu thereof and in accordance with the schedule set forth herein. Any offer of land and/or money by the prospective subdivider or residential site plan developer shall be made by written communication to the Board. In the event that money is offered, it shall be based on the standard of $8,640 per subdivided single-family building lot. Subdivided lots containing an existing single-family dwelling, with a valid certificate of occupancy dated prior to the instant application, shall be excluded from the lot count for the purposes of computing the amount of money in lieu of land. The provision of recreational land shall also apply to planned unit development and residential site plan developments, except that money in lieu of land for these developments shall be based on the standard of $4,320 per dwelling unit when units are offered for sale or when shares of a corporate ownership are sold resulting in a space lease and $2,160 per dwelling unit when units are offered for rent and are deed restricted as rentals for a minimum of 20 years. If at any time during the twenty-year period, units are converted to nonrental status, an additional $2,160 per unit shall be paid to the Town prior to conversion. Developers providing affordable housing, as defined by the Town Board in the Town Zoning Code, Chapter 285, or as modified by the Town Board, under special circumstances, may receive waivers of up to 100% of the recreation land or fee in lieu thereof. Special circumstances that the Town Board may consider will include but not be limited to housing for handicapped persons or infirm persons, housing meeting the needs of persons of moderate income other than the United States Department of Housing and Urban Development's definition of low- and moderate-income households and/or housing for special target groups, such as teachers or public employees. Housing for senior citizens, aged 60 or over, that does not qualify as affordable housing may nonetheless be eligible for a reduction in the recreational land or fee in lieu thereof to a minimum of $2,160 per unit upon special request to the Town Board and upon supplying any and all documentation said Board requires. This section shall apply to subdivision applications submitted after January 1, 1995.

[Amended 5-11-1983; 11-2-1986 by L.L. No. 2-1986; 3-27-1996 by L.L. No. 2-1996; 5-10-2006 by L.L. No. 2-2006[1]]

Editor's Note: Section 4 of this local law stated the following: “Existing or prior development approvals. The provisions of this chapter do not apply to any development of property for which final approval has been obtained and not expired. Applications which have received final approval prior to the effective date of the local law shall comply with the fees in effect at the time of such approval. As used in this section, the term 'final approval' shall mean:

In the case of the subdivision of land, conditional approval of a final plat as the term is defined in New York Town Law § 276.

In the case of site plan not involving the subdivision of land, adoption by the Planning Board, or Town Board, as the case may be, of resolution granting approval."

The decision and discretion as to whether land or money shall be suitable and acceptable hereunder shall be vested exclusively in the Board in every case and not in the prospective subdivider, on the basis of the judgment of the Board as to which alternative is in the best interests of the Town in the light of the topography and land area of the site, population density, existing recreation facilities, cost of developing additional recreation facilities and all of the circumstances of each particular case.

[Amended 6-22-1993 by L.L. No. 2-1993]

(4)

The public facilities will not be accepted and the performance bond will not be released until all facilities have been completed to the satisfaction of the Town Board.

(5)

Money accepted in lieu of land shall be used only for the purpose of acquisition or development of permanent park and recreation facilities in accordance with the approved recreation development plan and in accordance with Town Law § 277. The money shall be deposited by the Town of Greenburgh in a separate fund entitled "Fund for Reserve for Acquisition and/or Development, Recreation Land," which can only be used for the aforesaid purposes. Money for single-family residential subdivisions shall be due prior to the Secretary of the Planning Board signing the subdivision plat. Money for multiple-family developments shall be due upon filing for building permits.

[Amended 6-22-1993 by L.L. No. 2-1993; 3-27-1996 by L.L. No. 2-1996]

(6)

Recreation fees collected by the Town pursuant to Town Code § 250-19 and Town Law § 277 and deposited before July 1, 1993, may only be utilized according to the following procedure:

[Added 6-22-1993 by L.L. No. 2-1993]

Proposals to utilize recreation fees shall be submitted to the Commissioner of Parks and Recreation, the Commissioner of Community Development and Conservation and the Town Board. Each proposal shall comply with the requirements of Town Law § 277 and set forth, in detail, the scope of the proposed project and the anticipated cost.

(b)

The Commissioner of Parks and Recreation shall review each proposal and send his written comments, with specific recommendations, together with the comments and recommendations of the Parks and Recreation Advisory Council, if any, to the Planning Board within 60 days, unless such time is extended by the Board.

(c)

After review of all comments and recommendations, the Planning Board shall refer the proposal, together with its recommendations, to the Town Board for final review and approval. The Planning Board may solicit and entertain whatever comments or request whatever necessary additional information the Board, in its sole discretion, deems necessary and appropriate to its decision. The Board shall explain its recommendations fully. The Planning Board shall refer each proposal to the Town Board within 90 days after receipt, unless such time is extended by the Town Board.

(d)

Final authority to expend recreation funds deposited with the Town pursuant to Town Law § 277 and Town Code § 250-19 shall be vested in the Town Board, which shall have sole discretion to approve or disapprove any proposal to utilize recreation funds forwarded by the Planning Board. Where a proposal to utilize recreation funds would, in the opinion of the Town Board, offer Town-wide recreation services not available in an existing district or where the establishment of a recreation facility cannot be entirely funded by any single escrow district, the Town Board may, in its discretion, assess a proportional amount of the cost to each contributing escrow district. In considering whether a recreation project will provide Town-wide recreation services not available in any existing escrow district the Town Board shall consider and weigh the following: the nature, extent and location of existing facilities; population demographics, particularly proximity to existing and proposed recreation facilities; the cost of developing additional services and facilities; and the benefits provided. Before more than one escrow district is assessed the cost of a project, the Town Board shall find that the proposed project will provide residents of each contributing escrow district with recreational benefits not currently available and, in addition, that it is not reasonable, practical or economical to build recreational facilities or services of a similar caliber like that proposed within the contributing escrow district.

(7)

Recreation fees collected by the Town pursuant to Town Code § 250-19 and Town Law § 277 and deposited after July 1, 1993, may only be utilized according to the following procedure:

[Added 6-22-1993 by L.L. No. 2-1993]

Proposals to utilize recreation fees shall be submitted to the Commissioner of Parks and Recreation, the Commissioner of Community Development and Conservation and the Town Board. Each proposal shall comply with the requirements of Town Law § 277 and Town Code § 250-19 and set forth, in detail, the scope of the proposed project and the anticipated cost.

Parkland.

In the event that an area to be used for a park or playground is required to be so shown, the prospective subdivider shall submit to the Board a tracing, drawn in ink on tracing cloth or Mylar, showing, at a scale suitable to show all the elements of such area and the following features thereof:

The boundaries of the area.

(b)

Existing features such as brooks, ponds, trees, rock outcrops, structures, drains, etc.

(c)

Existing and, if applicable, proposed changes in grades and contours of the area and of the areas immediately adjacent.

Land set aside for recreation and open space shall be shown on the final grading plan. Such land shall:

Have adequate graded access to a Town street or streets.

(b)

Be suitably graded.

(c)

Be cleared of material, either native or deposited, which may present hazards, unsightliness and obstructions which will tend to hinder the use of the land as intended.

(d)

Be protected by a fence or similar protective device when constituting a hazard or attractive nuisance by virtue of topography.

The performance of park work shall be included in the improvement work required to be accomplished by the prospective subdivider and shall be included in the subdivision performance bond.

§ 250-20 Preservation of natural features.

The Planning Board shall, wherever possible, require the preservation of all natural features which add value to residential developments and to the community, such as large trees or groves, watercourses and water bodies, historic spots, vistas, steep slopes and similar irreplaceable assets. In general, all trees on the site, except those within proposed building lines and for a distance of 10 feet therefrom, shall be preserved in accordance with the provisions of the Tree Ordinance of the Town.[1] Where trees cannot be preserved, as set forth in the Tree Ordinance, then they shall be replaced in kind. In the case of large and mature trees which cannot be replaced in kind, the Planning Board may, in its discretion, require multiple plantings instead.

[Amended 5-11-1983]

Editor's Note: See Ch. 260, Trees.

Excavation and soil erosion.

No changes shall be made in the contour of the land and no grading, excavating, removal or destruction of topsoil, trees or other vegetative cover of the land shall be commenced within a proposed subdivision until such time as an erosion and sediment control plan shall have been submitted to and reviewed by the Soil Conservation Service and approved by the Planning Board or there has been a determination by the Planning Board, upon recommendation of the Soil Conservation Service, that such plans are not necessary.

Where the construction of the required improvements in the subdivision will necessitate the removal from the site of excess topsoil, earth, sand, gravel, rock or other substance from the ground from within the street rights-of-way and slope rights or from the areas reserved for drainage facilities, the quantity to be removed shall be stated on the construction plans, and a permit obtained as required in Chapter 210 of the Town of Greenburgh Code entitled "Excavations and Soil Removal."