[Adopted 4-7-2015 by Ord. No. 2015-02]
No person, entity or corporation shall alter (including, but not limited to, landscaping), construct, excavate, blacktop, pave or repair any Township road or right-of-way without first securing a highway occupancy permit from Moore Township.
Applications for a highway occupancy permit shall be submitted to Moore Township, in writing, on a form provided by Moore Township. Said application shall include a plan depicting any and all construction and/or alteration, including paving, which the applicant intends to undertake on the Township road or right-of-way. The Moore Township Public Works Director may require additional information before issuing a highway occupancy permit to the applicant.
Each application submitted shall be accompanied by the required highway occupancy permit fee established annually by resolution by the Moore Township Board of Supervisors, together with any additional information required by the Director of Public Works or other designated Township official at the time the submission of application is made.
A. 
Before Moore Township may issue a highway occupancy permit in accordance with this article, the applicant may be required to enter into a road restoration agreement. If a road restoration agreement is required, it must be secured by a Bond in an amount to be determined by the Moore Township Director of Public Works in consultation with the Moore Township Engineer. The amount of the bond shall be determined by a good faith estimate. While 67 Pa. Code Ch. 189 may be used as a guide to determine the amount of the Bond, that code section shall not be controlling if the Township Engineer and Director of Public Works, after inspection and upon review of the highway occupancy permit application, determine that an amount in excess of those amounts set forth in the Pa. Code is necessary.
B. 
In all cases, the applicant is responsible for the restoration of the work area within the right-of-way or cartway using like materials and shall restore the same to the preconstruction condition (or as close as possible) or as directed by the Public Works Director. In addition, the applicant is responsible for its care for one year from the date of work completion. Failure to do so can result in the Township performing the work and billing the applicant.
After a highway occupancy permit is issued to the applicant, the applicant shall ensure that any and all local, state and federal regulations relating to road safety shall be strictly complied with.
The Director of Public Works shall maintain a record of all such highway occupancy permits issued, and a copy of said highway occupancy permits shall be furnished upon request to any person having a proprietary interest in the work undertaken pursuant to the highway occupancy permit.
In the event of default, the Township may draw upon the Bond in order to correct any defects and/or work which was improperly completed by the applicant.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.
In the event work or construction activities occur in violation of this article, Moore Township, in addition to other remedies, may initiate any appropriate action or proceedings in order to prevent such unlawful construction, to restrain, correct or abate such violation or prevent the continued occupancy on Township roadway.
In the event any provision, section, sentence, clause or part of this article shall be held to be invalid, such invalidity shall not affect or impair any remaining provision, section, sentence, clause or part of this article, it being the intent of the Township that such remainder shall be in full force and effect.
All ordinances or parts of ordinances inconsistent herewith are hereby and the same repealed.