No area shall be zoned for CC District use if there exists in the area sought to be zoned, any residential, industrial or other use which would be nonconforming under the terms of this section. The governing body may zone the area CC District, however, contingent upon the developer removing or discontinuing the nonconforming use.

If the development of the center is to be carried out in stages, each stage shall be so planned that the foregoing requirements and the intent of this chapter shall be fully complied with at the completion of any stage. The initial stage of development shall comprise either a total ground floor area of not less than 40,000 square feet or at least five of the permitted uses.

The application for a permit to develop an area for any permitted use shall be accompanied by a plan for the proposed use of the tract or entire district. Such plan shall be subject to review by the Planning Commission and shall comply with the requirements of this section and Chapter 295, Subdivision and Land Development.

The request for permit shall be accompanied by the following information:

Each building shall be designed so as to harmonize with the character of the development in the surrounding areas. In the case of Trappe Borough, the design of any proposed structure shall be compatible with this setting.

Each permitted use other than a parking lot, off-street loading facility or public utility shall be conducted within a completely enclosed building.

Along each side or rear property line which directly abuts a residential district boundary line, a buffer area not less than 15 feet in width shall be provided on which shall be placed hedge, evergreens or other suitable plantings sufficient to constitute an effective screen.

No storage of merchandise, articles or equipment shall be permitted outside a building.

If there is more than one building or use on a single lot:

Each use also shall comply with the provisions of Articles XI and XII relating to off-street parking and loading and permitted signs and to the other applicable general regulations of this chapter.

The development shall consist of a harmonious selection of uses and groupings of buildings, service and parking areas, circulation and open spaces, planned and designed as an integrated unit, in such manner as to constitute a safe, efficient and convenient retail shopping center.

The proposed development shall be constructed in accordance with an overall plan and shall be designed as a single architectural unit with appropriate landscaping.

The total area shall not be less than 10 acres.

All buildings shall be arranged in a group or groups.

The distance at the closest point between any two buildings or groups or units of attached buildings shall be not less than 12 feet.

Adequate areas shall be provided for loading and unloading of delivery trucks and other vehicles, servicing of shops by refuse collection, fuel, fire and other service vehicles; automobile accessways; and pedestrian walks. All area provided for use by vehicles and all pedestrian walks shall be constructed in accordance with the municipality's specifications. Service areas shall be screened from view of any abutting roadway and from within the parking area in accordance with this section.

Provisions shall be made for safe and efficient ingress and egress to and from public streets and highways serving the center without undue congestion to or interference with normal traffic flow. All points of vehicular access to and from public streets shall be located not less than 140 feet from the intersection of any public street lines. The Planning Commission shall satisfy itself as to the adequacy of the thoroughfares to carry the additional traffic engendered by the district.

No parking access and service area may be located closer than 25 feet of a side or rear property line adjacent to any agricultural or residential district.

Parking, loading or service areas shall be provided in accordance with the requirements of Article XI, Off-Street Parking and Loading, and the Parking Table.[1]

Lighting facilities shall be provided in accordance with Article XVII, General Provisions, § 340-185, Environmental and performance standards.

The CC District shall be permanently screened from adjoining and contiguous residential districts and service areas shall be screened from view from any abutting roadway, by a wall, fence, evergreen hedge, and/or other suitable enclosure of a minimum height of five feet and a maximum height of seven feet, placed at least 10 feet inside the CC District property line. However, along each side or rear property line which directly abuts and residential boundary line, a buffer area of not less than 15 feet in width shall be provided and which shall be placed a wall, fence, evergreen hedge and/or other suitable enclosure of a minimum height of five feet and a maximum height of seven feet to constitute an effective screen. The area between such enclosure and the property line shall be landscaped to form a permanent screening area. The Planning Commission may waive the requirement for a screening enclosure and/or screening area if equivalent screening is provided by earthen berms, existing parks, parkways, recreational area or by topography or other natural conditions.

A landscaped screen planting area shall be provided along street frontage occupied by a CC District at least 25 feet in depth and must be located between the property line and a line parallel to and 25 feet inside the CC District property line.

No shopping center permitted in a CC District shall be erected or used that is not adequately served with both sanitary sewers and public water unless authorized as a special exception and upon submission of satisfactory evidence to the fact that sanitary sewers and public sewer supply are not feasible in the particular location in question. Such evidence may include, but shall not be limited to, a specified recommendation from the municipal engineer, local Health Officer, official representative of the State Health Department and/or the municipal Sewer Authority.

For the purpose of calculating the minimum lot dimension and yard requirements established by this section, a single planned shopping center district cannot lie on two sides of a public street or alley. Any area designated as being a CC District and lying on both sides of a public street shall be deemed to be CC Districts, and all minimum requirements shall be met by buildings on each side of said public street as separated districts.

The governing body may prescribe particular requirements or any further reasonable conditions deemed appropriate with respect to the suitability of the shopping center in the CC District.

Public utilities. All new development shall be required to connect to public sewer and water and provide the necessary infrastructure to do so.

No single-use structure shall exceed a total of 50,000 square feet.

The total square footage of any site with more than one use shall not exceed a total of 100,000 square feet.

Preliminary plans for any CC District use shall be submitted to the municipal Planning Commission prior to the issuance of any building permit as provided in Article XIII, Administration. If, however, portions of the project are to be completed in successive stages, a less detailed sketch or layout of the area not scheduled for immediate development will suffice initially, provided that, as further development occurs, a plan showing all of the required detail shall then be submitted prior to the construction of any portion. Information to be shown on all shopping center plans or on attached reports shall include:

The Planning Commission shall review all preliminary plans for CC District uses submitted to them and shall submit these plans, with recommendations thereon to the governing body for approval.

Upon receipt of preliminary plans for any CC use and recommendations thereon by the Planning Commission, the governing body shall have the power of approval or disapproval of these plans and the rezoning of the area desired for CC District use.

Upon approval of the zoning change and the adoption and approval of the preliminary plan, the developer shall submit, within not more than one calendar year, unless otherwise extended by the governing body, a final development plan to the Planning Commission for its review and recommendations. The Planning Commission may require the final development plan be submitted separately for the first and each successive stage.

The Planning Commission shall determine that each stage, or all of the final development plan, conforms to the intent of the preliminary plan on which the zoning change was made. The Commission, having reviewed the final development plan for any or all stages of the development and finding that it is in compliance with the intent of the preliminary plan, shall present its recommendations to the governing body.

Upon approval of the final plan, construction shall begin in accordance with the approved plan within the year from final approval, unless otherwise extended by the governing body. If the center is to be developed in stages, the initial development must be completed within two years after the final development plan has been approved, unless otherwise extended by the governing body. In the event that construction is not started within the specified time, the Planning Commission shall review the zoning and the progress which has taken place, and, if deemed necessary, recommended to the governing body the reclassification of the property in a manner consistent with the comprehensive plan of the municipality.

In the event that initial development has not been completed within the specified time limit, and the property has been rezoned as from CC District to another classification and the shopping center has been partially constructed, such partial construction shall not be considered a nonconforming use as defined in this chapter.

A final development plan prepared for each succeeding stage shall also be reviewed by the Commission and recommendations made to the proper authorities before a building permit is issued for that stage.

The final development plan, drawn to scale and with controlling dimensions, shall contain all the necessary information and be accompanied by the surrounding data as required by this article.

After the final development plan has been approved and when in course of carrying out this plan, adjustment or rearrangements of buildings, parking areas, entrances, heights or yards are requested by the developer and such requests conform to the standards established by the approved development plan for area to be covered by building spaces, entrances, height, setback and lot area requirements, such adjustment may be approved by the Zoning Hearing Board, upon application, without fee, and after receiving the recommendations of the municipal Planning Commission.