Franklin Township, PA Sidewalk & Pedestrian Rules: Encroachment Permits (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?
How long does Franklin Township take to decide on an encroachment permit?
What does a Franklin Township street opening permit cost?
What happens if I open a right-of-way without a permit?
Sources & Official References
Other rules in Franklin Township
Compare Franklin Township to another location·View the Pennsylvania sidewalk & pedestrian rules overview
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