A. 
Applicability. No annexation resolution shall be acted on by the Town Council until the Planning Commission shall have had the opportunity to review the proposed annexation and the concept development plan, if applicable as may be required by § 120-3.4.2 of this chapter, and provide a recommendation to the Town Council.
B. 
Planning Commission review. The Planning Commission shall make findings of fact with respect to the each of the following and shall forward such findings along with its recommendation to the Town Council for its consideration:
(1) 
The degree of conformance of the proposed annexation to the Comprehensive Plan in general and the plan's adopted Municipal Growth Element in particular.
(2) 
The existing and future availability of public facilities and services to meet the demands of development which would be allowed under the recommended zoning of the annexation property.
(3) 
The viability and practicality of public and/or private plans to extend, enlarge, or otherwise make existing Town facilities and services and other utilities and services available to the annexation property.
(4) 
The impact of the contemplated development of the annexation property on the Town's fiscal condition and budget.
C. 
Planning Commission recommendation.
(1) 
The Planning Commission's written recommendation to the Town Council on each annexation shall address the following:
(a) 
Whether the annexation should be approved or denied by the Town Council and any conditions related thereto.
(b) 
If applicable, whether the concept development plan is favorable and what changes if any should be made thereto prior to approval of the annexation.
(c) 
The impact of the annexation on the planning and timing of infrastructure and the Town's budget plan for infrastructure development.
(2) 
The Planning Commission shall propose a zoning classification for the property.
A. 
Concept plan required.
(1) 
A concept development plan, prepared to standards established by the Planning Commission, shall be required to assist the Town in the review of any proposed annexation wherein the Town is not the initiating party.
(2) 
Where applicable, a concept development plan shall be officially introduced by the Town Council along with the annexation resolution, it shall be made part of the official record of the public hearing on the annexation and it shall be recorded in the land records of Cecil County by the applicant upon annexation.
B. 
Exceptions to required concept development plan. The following two conditions must be found by the Town Council to be met, if an annexation is to proceed without a concept development plan:
(1) 
The eventual use of the property and its impact on its neighborhood is constrained by its relatively small size, and the proposed zoning is fully consistent and compatible with the surrounding land use pattern; and
(2) 
Adequate safeguards can be set forth in the text of an annexation agreement to ensure that the Town's interests are protected and advanced.
C. 
Future development to conform to concept development plan.
(1) 
When a site plan or subdivision plat is proposed for a property which was the subject of an annexation concept development plan, the plan or plat shall substantively conform to the annexation concept development plan.
(2) 
The Zoning Administrator or Planning Commission shall not accept a site plan or subdivision plat for review that does not substantively conform to its concept development plan as set forth in Subsection D of this section, except as provided in Subsection C(3) below.
(3) 
The Planning Commission may accept a site plan or subdivision plat for review that does not substantively conform with a required annexation plan if each of the following conditions is met:
(a) 
The Planning Commission first holds a public hearing wherein the applicant shall be asked to explain the proposed deviations;
(b) 
The Planning Commission finds that the proposed deviations are not inconsistent with the Town Comprehensive Plan;
(c) 
The proposed deviations would not materially impact the ability of the Town to provide public water and sanitary sewer services or other services and facilities; and
(d) 
The proposed deviations would not require a change in the zoning district to implement.
(4) 
The Planning Commission is under no obligation to approve a plan or plat that deviates from an annexation concept development plan but, provided the conditions in Subsection C(3) above are met, it shall review the plan or plat under the standard processing procedures provided for in this article.
D. 
Standards for substantial conformance. The Planning Commission shall apply the standards in this subsection below in determining if a site plan or subdivision plat is in substantial conformance with its annexation concept plan, if applicable. To be found in substantial conformance, a development plan shall not:
(1) 
Propose a land use, a pattern of residential densities, or an arrangement of land uses other than that shown on the concept development plan.
(2) 
Propose a different type of housing or commercial development which would in the judgment of the Planning Commission:
(a) 
Materially increase the impact to area infrastructure and public services; or
(b) 
Not serve the same public need contemplated by concept development plan (e.g., need for affordable housing, senior housing, etc.).
(3) 
Result in the reduction of more than 3% or 1/2 acre (whichever is the lesser) of the land area collectively planned to be set aside for natural area preservation, buffering, forest conservation, common open space, and/or recreation.
(4) 
Increase the number of dwelling units by more than 5% for any residential project of 100 units or fewer, or more than 3% for any residential project of more than 100 dwelling units.
(5) 
Increase the square footage of nonresidential building space in a manner which would in the judgment of the Planning Commission materially increase the impact to the natural environment or materially intensify the impact to area infrastructure and/or public services or affect the ability of public service providers to adequately serve the proposed development.
(6) 
Increase the amount of impervious surface area by more than 5% for any project less than 40 acres in size or by more than 3% for any project larger than 40 acres.
(7) 
Materially change the arrangement of streets, sidewalks, and trails, the general location of intersection(s), and the proposed access/circulation plan for the site.
(8) 
Change in any material way the extent, scale, provision, or timing of any off-site infrastructure project required or contemplated by the concept development plan or annexation agreement if applicable.