Lower Paxton, PA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Article III of Chapter 176 of the Lower Paxton Township Code (Street Excavating and Tunneling, adopted 11-7-1988 as Ord. No. 88-16) controls private work in the public right-of-way. Section 176-16 makes it unlawful for any person, firm or corporation to perform any work in any street, highway, sidewalk or other public right-of-way involving the placing of utility facilities or other structures or opening of the surface without first obtaining a permit from the Township, without complying with the article, or in violation of a variance from the terms of the permit.

Under § 176-17A, the application is made on the Township form to the Codes Enforcement Office. It must describe the location, size and purpose of the excavation, tunnel or installation, and include three sets of final design plans complying with the regulations of the Pennsylvania One Call Law. It must also name the person or firm doing the work and the one for whom it is done. Under § 176-17B the application comes with a check or money order payable to the Township, a maintenance bond under § 176-21F and a hold harmless and indemnification agreement under § 176-21E. Subsection C warns that false statements are a misdemeanor of the second degree under 18 Pa.C.S.A. § 4904, and subsection D lets the Township reject any application it is not satisfied is genuine, regular and legal.

Fees under § 176-18 have two parts. The issuance fee is set from time to time by resolution of the Board of Supervisors. Inspection fees are tiered by work type: underground facilities by total linear feet (first 50 feet or fraction thereof, then each 100 feet or fraction), surface openings of less than 25 square feet, aboveground facilities (up to 10 physically connected, then each pole), and crossings. Section 176-19 has the Codes Enforcement Office issue the permit, which is the authority to proceed and the receipt for fees, and the applicant must call for inspection as set out on the permit.

Emergency repairs can start before a permit. The utility owner notifies the Codes Enforcement Office by telephone immediately during 8:00 a.m. to 4:00 p.m., Monday through Friday, or on the next business day for other hours, records the date, time, location and description of the work, and applies for a permit within five days (§ 176-20). Under § 176-21 the permittee is principally liable for compliance, and the Township can revoke the permit and order removal and restoration.