39T-MC1201 Pattyn Subd - County of Middlesex

SEPTEMBER 11, 2012 Page 2 of 16 11. B. 1 - CW ACTIONSUBJECT: PROPOSED PLAN OF SUBDIVISION, MUNICIPALITY OF MIDDLESEXCENTRE, FILE NO. 39T-MC1201; 1748986 ONTARIO LTD (PATTYN)The draft plan conditions are attached to the municipal report and include the looping ofthe municipal watermain, contribution towards the improvement of Martin Road andLongwoods Road (County Road 2) intersection, and groundwater monitoring related tothe private septic systems.The attached municipal planning report addresses the applicable land use planningpolicy documents in detail. I have reviewed this material throughout the process andam satisfied that the proposed plan is consistent with the Provincial Policy Statement,conforms with the County’s Official Plan, conforms with the Municipality’s Official Plan,and represents sound land use planning. I am, therefore, recommending draft planapproval of the plan of subdivision subject to conditions.RECOMMENDATIONThat the proposed Plan of Subdivision - File No. 39T-MC1201 - 1748986 ONTARIOLTD (PATTYN), be granted draft plan approval subject to conditions; and that a Noticeof Decision be circulated as required by the Planning Act.Attachment

SEPTEMBER 11, 2012 Page 3 of 16 11. B. 1 - CW ACTIONMUNICIPALITY OFMIDDLESEX CENTREPLANNING AND DEVELOPMENTSERVICES DEPARTMENTTo:CouncilFor:August 13,2012Submitted by:Marc BancroftDate:August 2, 2012For:InformationActionOtherNumber:PDSD-P-18-12Subject: Application for Draft Plan of Subdivision1748986 Ontario Corp. (Emil Pattyn)Part of Park Lot 15, Plan 47Parts 1 and 2 on Reference Plan 33R-16885(geographic Township of Delaware)Municipality of Middlesex CentreFile No. 39T-MC12011.0 BackgroundSubmitted on June 11/12, the purpose of the subject application is to create ten (10) lotsfor single-detached dwellings, one (1) 20 m wide block for a future road allowance andone (1) block for a road widening; from a property located on the east side of MartinRoad between Harris Road and Wellington Street in the village of Delaware. Thedimensions of the proposed lots are as follows and should be read in conjunction withthe draft plan appended to this report as Attachment 1:Lot Number(s) Lot Frontage Lot Area1 though 6 24 m (78.7 ft) 1,067 m 2 (0.26 ac)7* 29.8 m (97.8 ft) 1,331 m 2 (0.32 ac)8* 24 m (78.7 ft) 1,067 m 2 (0.26 ac)9 and 10 20 m (66 ft) 895 m 2 (0.22 ac)*future corner lotsAs a whole, the property has a frontage of 60.25 m (197.67 ft) along Wellington Street, adepth of 258.37 m (847.68 ft) along Martin Road and an area of 3.85 (9.51 ac). Thefuture road allowance (Block 12) between Lots 7 and 8 would facilitate the futuredevelopment of the balance of the land which are not subject to this application. Thebalance of the land is situated beyond the boundary of the Community Settlement Areaof Delaware under the Middlesex Centre Official Plan. The village of Delaware isserviced by municipal water and individual private on-site septic systems.The land contains four outbuildings related to a former landscaping business operatedby the previous property owner. There is no municipal address assigned to the property.It is is surrounded by low density residential uses to the south and southwest.Agricultural uses are located to the west whereas estate residential development islocated to the north and east. Lands to the immediate north along Martin Road aresubject to an Application for draft plan of subdivision (File No. 39T-MC-1202 - Serrarens)to create five (5) residential single-detached lots. Lands on the west side of Martin arealso subject to an Application for draft plan of subdivision (39T-MC0603 – A & M Sod

SEPTEMBER 11, 2012 Page 4 of 16 11. B. 1 - CW ACTIONPDSD-P-17-12Application for Draft Plan of Subdivision – 1748986 Ontario Corp. (Emil Pattyn)2Supply Ltd.) to create twelve (12) residential single-detached lots; this application hasbeen deferred since 2007 pending the submission of engineering work regardingstormwater management and soils/lot design information that can adequatelydemonstrate the ability of the proposed lots to accommodate private on-site septicsystems.Along with Application for draft plan of subdivision (File No. 39T-MC-1202 – Serrarens),the subject application is to be heard at the August 15/12 Public Meeting of MunicipalCouncil.A Location Map of the subject property is appended to this report as Attachment 2.2.0 Provincial Policy Statement (2005)According to Section 3 of the Planning Act, as amended, decisions made by planningauthorities “shall be consistent with” the Provincial Policy Statement (PPS). The principalpolicies of the PPS applicable to the subject proposal are listed as follows:1.1.3.1 Settlement areas shall be the focus of growth and their vitality and regenerationshall be promoted.1.1.3.2 Land use patterns within settlement areas shall be based on:a) densities and a mix of land uses which:1. efficiently use land and resources;2. are appropriate for, and efficiently use, the infrastructure and publicservice facilities which are planned or available, and avoid the need fortheir unjustified and/or uneconomical expansion.1.1.3.7 New development taking place in designated growth areas should occur adjacentto the existing built-up area and shall have a compact form, mix of uses anddensities that allow for the efficient use of land, infrastructure and public servicefacilities.1.6.4.5 Partial services shall only be permitted in the following circumstances:b) within settlement areas, to allow for infilling and rounding out of existingdevelopment on partial services provided that:1. the development is within the reserve sewage system capacity; and2. site conditions are suitable for the long-term provision of such services.The proposed development is located in the Community Settlement Area of Delawareand adjacent to an existing built up area that contains low density residential uses. Thedevelopment allows for the efficient use of infrastructure through the use of an existingroad, namely Martin Road, and requires the looping of water services which wouldpromote system continuity. The criteria that allows for development on partial services issatisfied.In all, staff is satisfied that the subject proposal is consistent with the PPS.

SEPTEMBER 11, 2012 Page 5 of 16 11. B. 1 - CW ACTIONPDSD-P-17-12Application for Draft Plan of Subdivision – 1748986 Ontario Corp. (Emil Pattyn)33.0 County of Middlesex Official PlanThe subject property is designated Settlement Areas by the County of Middlesex OfficialPlan.The County of Middlesex Official Plan places the primary responsibility for detailedplanning policy within Settlement Areas with the local municipality. The County Planfurthermore states that within Urban Areas, local official plans shall provide for suchuses as a variety of housing types, commercial uses, industrial uses, communityfacilities, natural systems, recreation and open space areas and other specific land usesnecessary to meet the needs of the Urban Area.In all, staff is satisfied that the proposal conforms to the County of Middlesex OfficialPlan.4.0 Municipality of Middlesex Centre Official PlanThe subject property is designated Residential and Special Policy Area #3 by theMunicipal Official Plan. Permitted uses of the Residential designation includes lowdensityresidential uses including single-detached dwellings.Section 10.4 of the Official Plan provides policies for the consideration of applications fordraft plans of subdivision, namely:a) Plans of subdivision will not be required where three or fewer new lots areproposed to be created or where circumstances exist where a plan of subdivisionis not considered by the Municipality to be necessary. Where more than three newlots are to be created, the Municipality may exercise flexibility in determiningwhether a plan of subdivision process is required. Notwithstanding the above, in allcases where the creation or extension of municipal streets and/or services isproposed, a plan of subdivision process will be required.b) When considering plans of subdivision applications, the review is to considerwhether the proposed development is premature. One key consideration of thisreview relates to the availability of appropriate services and capacity. Otherrelevant factors may also be considered.c) The review of plans of subdivision within the Municipality will be based in part onconsideration of design policies included in Section 6.0 of this Plan and theMunicipality’s Urban Design Guidelines.d) Where possible, plans of subdivision within the Municipality will incorporate amixture of housing types and levels of affordability in keeping with policies includedin Residential policies included in Section 5.2 of this Plan.e) All lots within a proposed plan of subdivision must have frontage on a public roadwhich is or will be opened and maintained on a year round basis, and constructedto an acceptable Municipal standard.

SEPTEMBER 11, 2012 Page 6 of 16 11. B. 1 - CW ACTIONPDSD-P-17-12Application for Draft Plan of Subdivision – 1748986 Ontario Corp. (Emil Pattyn)4f) Plans of subdivision that respect natural contours and topography will beencouraged. All unique natural features and assets, as well as heritage features,should be preserved and integrated into the subdivision design.g) For large plans of subdivision, consideration of appropriate staging or phasing willbe included.h) It is the policy of this Plan that all new plans of subdivision be subject to asubdivision agreement between the municipality and the owner / developer. Thisagreement shall address various matters pertaining to the plan of subdivision, asdetermined by the Municipality.i) Park land dedication provided to the Municipality in keeping with Section 9.5 of thisPlan, must be considered suitable for park land purposes and acceptable to themunicipality. Under no circumstances shall Municipal Council be obligated toaccept park land which is being offered by an applicant for a proposed planof subdivision. Park land dedications shall be reviewed in the context of publicrealm policies included in Section6.0 of this Plan.j) The extent to which the plan’s design optimizes the available supply, meansof supplying, efficient use and conservation of energy.k) The interrelationship between the design of the proposed plan of subdivision andsite plan control matters relating to any development on the land, if the land is alsolocated within a site plan control area.l) That highways, including pedestrian pathways, bicycle pathways and public transitrights of way, be dedicated as the approval authority considers necessary.A looping of the existing watermain in the order of approximately 450 m (1,312 ft) fromMartin Road to Harris Road is required to facilitate the development of the subjectproperty and therefore warrants a plan of subdivision process. The subject lots wouldhave frontage on Martin Road being an existing municipal street. Given the scale of theproposed development and its lotting configuration, it would be appropriate to defer thededication of parkland at a later date and accept cash-in-lieu equal to 5% of the value ofthe subject land. Future parkland dedication would be appropriate upon the futuredevelopment of the internal lands located west of the subject property and bounded byWellington Street, Harris Road and Martin Road, once full services become available.In all, staff is satisfied that the foregoing policies have been or are capable of beingaddressed as draft plan approval conditions.As noted previously, Special Policy Area #3 has application and states:For lands so identified on the Delaware Community Settlement Area (Schedule A-4),notwithstanding the residential policies of this Plan, are subject to the following policies:

SEPTEMBER 11, 2012 Page 7 of 16 11. B. 1 - CW ACTIONPDSD-P-17-12Application for Draft Plan of Subdivision – 1748986 Ontario Corp. (Emil Pattyn)5a) The Municipality is committed to the provision of municipal sewage services toservice existing and future development in this area in the long term as indicated inthe Delaware Water and Wastewater Servicing Study prepared by DillonConsulting dated May 31, 2005, being Phases 1 and 2 of the Municipal ClassEnvironmental Assessment. In this regard, the Municipality shall move forward withthe subsequent phases of the full Class Environmental Assessment process.b) Development within this area on municipal water and private on-site septicsystems shall be restricted to lands located on existing road right-of-ways, beingHarris Road, Martin Road and Wellington Street. Such development should notpreclude the efficient use of land should municipal sewage services becomeavailable.c) Development shall adhere to the extent feasible and practicable with theconceptual area plan as described in the August 1997, “Delaware Village AreaPlan and Environmental Management Study” prepared by Delcan Corporationwhich includes new road allowances to ultimately provide access for the internallands namely those not situated on existing road right-of-ways and areas suitablefor stormwater control structures.d) The development restrictions which limit development to lands located on existingroad right-of-ways shall be removed upon this area being serviced by municipalsewage services. The development of the internal lands, being those not locatedon existing road right-of-ways, shall adhere to the extent feasible and practicableto the generalized street pattern as outlined to in the August 1997, “DelawareVillage Area Plan and Environmental Management Study” prepared by DelcanCorporation.e) The creation of lots which do not extend along the entire frontage of a property onexisting road right-of-ways (with the exception of new road allowances to ultimatelyprovide access for the internal lands) shall be prohibited.f) No lots may be developed on existing right-of-ways without confirmation that thelots can accommodate an appropriate septic system, sewage envelope andcontingency area as outlined in Section 10.3.1b) of this Plan.g) The lands must be graded to control storm water run-off quantity and quality inaccordance with a grading plan approved by the Municipality. No lots may bedeveloped without confirmation that the creation of the lots will not prejudice futurestorm water management efforts of the area and depending on the scale of thedevelopment, the Municipality may request the preparation of a Storm WaterManagement Study to be completed to the satisfaction of the Upper Thames RiverConservation Authority prior to development preceding.h) The Municipality shall initiate a groundwater monitoring program to determine theimpacts of existing septic systems on ground and surface water. Notwithstandingthe other policies of SPA #3, development within this area may be prohibited ifground water nitrate levels are found to be at an unacceptable level by the Ministryof Environment and the Municipality.

SEPTEMBER 11, 2012 Page 8 of 16 11. B. 1 - CW ACTIONPDSD-P-17-12Application for Draft Plan of Subdivision – 1748986 Ontario Corp. (Emil Pattyn)6The Delcan Plan discussed above is provided in Attachment 3 of this report.Staff consulted with the applicant regarding potentially reducing the frontages of theproposed lots north of the future road allowance from 24 m (78.7 ft) to 21.5 m (70.5 ft),which would yield an additional building lot. The reduced frontage would be moreconsistent with the Serrarens and A & M Sod Supply Ltd. draft plan requests withfrontages of 21 m (69 ft) and 20 m (66 ft), respectively. The applicant has expressedconcern based on soil conditions requiring slightly larger lots to accommodate septicsystems and related contingency areas based on his engineer’s assessment work todate.Notwithstanding, staff is satisfied that the applicant’s proposal conforms to SPA #3 asthe development is being proposed along Martin Road and would create lots across theentire Martin Road frontage. Although not a requirement under the Delcan Plan, the draftplan proposes a road allowance block to facilitate the internal development of the landshould Delaware village expand easterly and full municipal services become available.Overall, staff is satisfied that the applicant’s proposal conforms to the Municipal OfficialPlan.5.0 Middlesex Centre Comprehensive Zoning By-law 2005-005The subject land is currently zoned Community Residential First Density (CR1) with aholding (h-1) provision. The CR1 zone requires a minimum lot frontage and minimum lotarea of 20 m (66) and 700 m 2 (0.17 ac). The proposed lots meet the foregoingrequirements. The prerequisite for the removal of the holding symbol is that asubdivision agreement be entered and that the development be connected to existinginfrastructure. Appropriate zoning including the removal of the holding symbol can beaddressed as a condition of draft plan approval.6.0 Agency CirculationThe subject application was accepted as complete by the County on June 29/12 andcirculated to agencies / ministries for comment. The County has 180 days under Section51(34) of the Planning Act to make a decision after which the applicant may appeal tothe Ontario Municipal Board. The 180 day time period expires on December 26/12.To date, comments have been received from the Ministry of the Environment through theMinistry of Municipal Affairs and Housing, Bell Canada, Enbridge Pipelines, Sun-Canadian Pipe Line, the County Engineer and the following Middlesex Centre staff:Director of Planning and Development Services/Chief Building Official and Director ofPublic Works and Engineering. In all, no significant concerns have been raised.As requested by the Ministry of the Environment, an update on the Municipality’s currentgroundwater monitoring program has been provided by the Director of Public Works andEngineering. As well, the Ministry has noted there appears to be an existing nonresidentialuse present based on the existing long building which should trigger abrownfields investigation. Staff notes that the use relates to the former landscapingbusiness operated by the previous property owner.

SEPTEMBER 11, 2012 Page 9 of 16 11. B. 1 - CW ACTIONPDSD-P-17-12Application for Draft Plan of Subdivision – 1748986 Ontario Corp. (Emil Pattyn)7The County Engineer is requesting that the applicant contribute to the construction ofturning lanes at County Road 2 (Longwoods Road) and Martin Road in the amount of$2,000 per lot.The Director of Public Works and Engineering is requesting that the existing watermainon Martin Road be extended to connect to the existing watermain on Harris Road. Aroad widening of 5 m is also being requested along the frontage of Martin Road andWellington Street given that the road allowance fails to meet municipal standards.Planning staff wishes to point out that a widening cannot be provided for WellingtonStreet since that portion of the lands is not subject to this request for draft plan approval.The Director is also indicating Martin Road was not originally built to standard in that it is5.6 m wide chip seal road surface with no proper roadside drainage. Middlesex Centredevelopment charges projects include Martin Road from Longwoods Road to HarrisRoad and identifies this section to be rebuilt to urban local standards, when required bydevelopment. As such, the Director is requesting that the owner be required to financethe upgrading of Martin Road.In all, the comments received are capable of being addressed as draft plan approvalconditions.7.0 SummaryStaff is satisfied that the subject application is consistent with the PPS and in conformitywith both the County of Middlesex and Middlesex Centre Official Plans. As such, it isappropriate that Middlesex Centre recommend draft plan approval subject to theattached draft plan conditions with a three (3) year lapse period.8.0 RecommendationIt is therefore recommended:THAT the County of Middlesex be advised that the Municipality ofMiddlesex Centre recommends draft plan approval for land owned by1748986 Ontario Corp. (Emil Pattyn) and legally described as part of ParkLot 15, Plan 47 designated as Parts 1 and 2, Reference Plan 33R-16885(geographic Township of Delaware), Municipality of Middlesex Centre(County File No. 39T-MC1201), subject to the draft plan of subdivisionand draft plan conditions appended to the Report of the Planning andDevelopment Services Department dated August 2, 2012 and subject to athree (3) year lapse period.Respectfully submitted,PREPARED BY:REVIEWED BY:___________________________Marc Bancroft, MPL, MCIP, RPPSenior Planner___________________________Michelle Smibert, M.P.A, B.A., CMOChief Administrative Officer

SEPTEMBER 11, 2012 Page 10 of 16 11. B. 1 - CW ACTIONPDSD-P-17-12Application for Draft Plan of Subdivision – 1748986 Ontario Corp. (Emil Pattyn)8AttachmentsDraft Plan of SubdivisionLocation MapDelcan Plan – August 1997Draft Plan Conditions

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SEPTEMBER 11, 2012 Page 12 of 16 11. B. 1 - CW ACTIONSERRARENSA & M SODLOCATION MAPCreated By: Marc BancroftDate: 2012-07-31Scale: 1:10100Address NumbersWater BodiesOpen SpaceGolf CoursesAssessment ParcelsLEGENDPrepared By: Middlesex County

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SEPTEMBER 11, 2012 Page 14 of 16 11. B. 1 - CW ACTIONApplicant: 1748986 Ontario Corp. Date of Decision: DraftFile No.: 39T-MC1201 Date of Notice: DraftMunicipality: Middlesex Centre Last Date of Appeal: DraftSubject Lands: Part of Park Lot 15, Plan 47(geographic Twp of Delaware)Lapsing Date:DraftThe conditions and amendments to final plan of approval for registration of this Subdivision asprovided by the County of Middlesex are as follows:No. Conditions1. That this approval applies to the draft plan of subdivision prepared by Callon Dietz, OLS,dated May 29, 2012 showing:Lots 1 to 10 for single-detached dwellingsBlock 11 for road wideningBlock 12 for a future road allowance2. That the lots be addressed to the satisfaction of the Municipality in consultation with theCounty of Middlesex.3. That the Owner dedicate to the Municipality the following for road widening purposes: Block11 and a depth of 5 m measured along the frontage of Wellington Street.4. That the Owner dedicate Blocks 12 to the Municipality for a future road allowance.5. That the Owner provide a cash-in-lieu of parkland dedication to the Municipality pursuant toSection 42 of the Planning Act, equal to 5% of the land for residential purposes.6. That prior to final approval the Municipality shall advise the County of Middlesex that theappropriate zoning is in effect for the proposed development.7. That the Owner and the Municipality enter into a Subdivision Agreement pursuant to 51(26)of the Planning Act to be registered on title of the land to which it applies prior to the plan ofsubdivision being registered. Further, that the Subdivision Agreement shall include provisionsthat will also be registered against the land to which it applies once the plan of subdivisionhas been registered.8. That the Subdivision Agreement between the Owner and the Municipality shall satisfy allrequirements of the Municipality related to financial, legal, planning and engineering mattersincluding but not limited to the design of the subdivision in accordance with the Municipality'sUrban Design Guidelines; provision of a detailed grading plan which depicts proposedsurface elevations, drainage plans and suitable locations for building envelopes, sewagesystems and 100 percent contingency areas; upgrading of roads; planting of trees;landscaping; street lighting and other amenities; the provision and installation of municipalwater services (including the “looping” of the watermain) along Martin Road and Harris Road;and the installation of underground utilities and other matters of the Municipality respectingthe development of this land including the payment of development charges in accordancewith the Municipality’s Development Charges By-laws. The Subdivision Agreement shall alsoprovide for the Municipality to assume ownership of the infrastructure described above.

SEPTEMBER 11, 2012 Page 15 of 16 11. B. 1 - CW ACTIONApplicant: 1748986 Ontario Corp. Date of Decision: DraftFile No.: 39T-MC1201 Date of Notice: DraftMunicipality: Middlesex Centre Last Date of Appeal: DraftSubject Lands: Part of Park Lot 15, Plan 47(geographic Twp of Delaware)Lapsing Date:Draft9. That the Owner enter into an agreement with the Subdivider of the lands to the immediatenorth (File No. 39T-MC-1202) to coordinate the construction of a looped municipal waterservice contemplated by condition 8 and a financial contribution related to its construction.10. That the Subdivision Agreement between the Owner and the Municipality shall ensure thatpersons who first purchase the subdivided land after the final approval of the plan ofsubdivision are informed, at the time that the land is transferred, of all of the developmentcharges related to the development pursuant to Section 59(4) of the Development ChargesAct.11. That the following notice be included in the Subdivision Agreement between the Owner andthe Municipality and inserted in all Agreements of Purchase and Sale of Lots 1 through 10:The construction of additional public school accommodation is dependent upon fundingapproval from the Ontario Ministry of Education, therefore the subject community may bedesignated as a "Holding Zone" by the Thames Valley District School Board and pupils maybe assigned to existing schools as deemed necessary by the Board.12. That any easements as may be required for utility, servicing or drainage purposes shall begranted to the appropriate authority.13. That prior to final approval, arrangements shall be made to the satisfaction of the Municipalityfor the relocation of any utilities required by the development of the subject land and that thesaid relocations be undertaken at the expense of the Owner.14. That prior to final approval, the Owner shall enter into an agreement with the appropriateservice providers for the installation of underground communication / telecommunicationutility services for these lands to enable, at a minimum, the effective delivery ofcommunication / telecommunication services for 911 Emergency Services.15. That prior to final approval the Owner shall submit for the review and approval of theMunicipality and the Upper Thames River Conservation Authority a Final StormwaterManagement Plan, a Sediment and Erosion Control Plan and Final Detailed Servicing andGrading Plans. During all phases of construction, the Owner shall implement sediment anderosion control measures to the satisfaction of the Upper Thames River ConservationAuthority.16. That prior to final approval a Homeowners’ Information Package be completed to thesatisfaction of the Upper Thames River Conservation Authority and be included as aschedule to the Subdivision Agreement between the Municipality and the Owner. TheHomeowners’ Information Package is to inform homeowners about the Stormwatermanagement practices that have been implemented in the subdivision.

SEPTEMBER 11, 2012 Page 16 of 16 11. B. 1 - CW ACTIONApplicant: 1748986 Ontario Corp. Date of Decision: DraftFile No.: 39T-MC1201 Date of Notice: DraftMunicipality: Middlesex Centre Last Date of Appeal: DraftSubject Lands: Part of Park Lot 15, Plan 47(geographic Twp of Delaware)Lapsing Date:Draft17. That prior to final approval a Licensed Archaeologist provide a letter to the Municipality andCounty indicating that there are no concerns for impacts to archaeological sites on thesubject land. This is to be accompanied by a Ministry of Tourism, Culture and Sport letterindicating that the licensee has met the Terms and Conditions for Archaeological Licensingand that the report has been entered into the Ontario Public Register of ArchaeologicalReports.18. That prior to final approval the Owner shall provide confirmation of the subject land’ssuitability for residential uses which may include but is not limited to the completion of anenvironmental site assessment, record of site condition and any identified remedial work, allin accordance with Ontario Regulation 153/04 of the Environmental Protection Act. All of theforegoing shall be undertaken by qualified person(s) with all costs borne by the Owner.19. That prior to final approval the Owner shall have a groundwater impact assessmentundertaken by a qualified person to the satisfaction of the Municipality with all costs borne bythe Owner.20. That the Owner shall pay $2,000 per lot to the County of Middlesex towards the improvementof the Longwoods Road (County Road 2) and Martin Road intersection.21. That prior to final approval, the County of Middlesex is to be advised in writing by theMunicipality of Middlesex Centre how conditions 1 through 14 and conditions 16 through 19have been satisfied.22. That prior to final approval, the County of Middlesex is to be advised in writing by the UpperThames River Conservation Authority how conditions 15 and 16 have been satisfied.23. That prior to final approval, the County of Middlesex is to be advised in writing by the CountyEngineer how condition 20 has been satisfied.