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Franklin Township, PA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
§ 21-102, Permit Required
Legal basis
53 P.S. § 67322, Second Class Township Code
Application review
Township Engineer decides within 10 days
Permit fee
Set by PennDOT highway occupancy schedule
PA One-Call
Required 3 working days before start
Fine range
$25 to $1,000 plus costs and fees

Summary

Anyone digging, installing or building in a Franklin Township road right-of-way needs a permit first. Section 21-102 of the Street Opening Ordinance bars any opening, excavation, utility installation, driveway construction, or pole or obstruction in a Township road or right-of-way except under Township-issued permits and rules, under authority of the Second Class Township Code.

§ 21-102. Permit Required. ... In accordance with the provisions of § 2322 of the Second Class Township Code, 53 P.S. § 67322, as amended, no opening, cutting, excavating, boring or disturbance of any kind upon, in, or under any portion of a road or any road right-of-way; no gas pipe, water pipe, electric conduits, cable conduits or other piping, nor any railroad or street railway crossing, shall be laid upon or in; nor shall any drain, culvert, footpath, drive or driveway or other means of ingress or egress be graded, constructed, installed or erected onto or in; nor shall any telephone, telegraph or electric light or power poles or any other obstruction be erected upon or in; nor shall any railroad or street railway hereafter be constructed upon any portion of a road or within any road right-of-way located in the Township; except under such conditions, restrictions and regulations relating to the installation and maintenance thereof, as may be prescribed in the ordinances, rules and regulations of the Township and permits granted by the Township for such purposes.

Full Breakdown

Franklin Township's Street Opening Ordinance, Ord. 2004-05 adopted May 12, 2004, governs any private encroachment into a Township road or its right-of-way. § 67322, the Township bars opening, cutting, excavating, boring or disturbing any road or right-of-way; laying gas, water, electric or cable conduits or other piping, or a railroad or street railway crossing; grading, constructing or installing a drain, culvert, footpath, drive or driveway or other means of ingress or egress; erecting telephone, telegraph or electric light or power poles or any other obstruction; or constructing a railroad or street railway, in each case unless it is done under the conditions and permits the Township prescribes.

Section 21-103 requires the permit application on a Township form, filed in duplicate with the Township Engineer, accompanied by a fee set by the schedule PennDOT uses for highway occupancy permits and restoration charges, along with three copies of a sketch locating the work. Section 21-104 obligates the Township Engineer to approve or deny within 10 calendar days, in writing with reasons if denied. Applicants must also call PA One-Call at least three working days ahead under § 21-105, and detours, erosion control, OSHA compliance, backfill specifications and restoration standards follow in the remainder of Part 1.

Violations are enforced under § 21-136: a summary offense before a Magisterial District Judge, a fine of $25 to $1,000 plus costs and reasonable attorney fees, up to 90 days' imprisonment for nonpayment, with each day of a continuing violation and each section violated counted separately.

Violations & Fines

Opening, excavating or installing anything in a Township road right-of-way without the § 21-102 permit is enforced under § 21-136 as a summary offense before a Magisterial District Judge. The fine is $25 to $1,000 plus costs and reasonable attorney fees, with up to 90 days' imprisonment for nonpayment, and each day the violation continues, or each section of the Part violated, is a separate offense.

Frequently Asked Questions

Do I need a permit to dig in a Franklin Township road right-of-way?
Yes. Section 21-102 requires a Township permit before any opening, excavation, utility installation, driveway construction, or pole or obstruction is placed upon, in or under a Township road or right-of-way, under authority of 53 P.S. § 67322.
How long does Franklin Township take to decide on an encroachment permit?
Section 21-104 requires the Township Engineer to approve or deny the application within 10 calendar days of submission, issuing a written denial with reasons if the application does not meet Part 1's requirements.
What does a Franklin Township street opening permit cost?
Section 21-103 sets the fee by the same schedule PennDOT uses for highway occupancy permits and restoration charges, and requires the application in duplicate with three copies of a location sketch submitted to the Township Engineer.
What happens if I open a right-of-way without a permit?
Section 21-136 makes any Part 1 violation a summary offense before a Magisterial District Judge, punishable by a fine of $25 to $1,000 plus costs and attorney fees, or up to 90 days in jail if unpaid.

Sources & Official References

Other rules in Franklin Township

All Franklin Township rules

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