Upper Darby, PA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Township Code Chapter 472, Article II governs private encroachments tied to a business. Section 472-5 forbids erecting or leaving any semipermanent fixed structure or object connected to a commercial use in any public right-of-way "except by agreement with the Township," and lets the Township charge whatever fee it deems appropriate for that agreement. The Mayor or a designee is authorized under § 472-10 to execute those agreements. A separate but related permit covers physical work in the right-of-way: under Article III, § 472-11, new paving cannot be opened for five years after completion except in an emergency determined by the Mayor or designee; otherwise an applicant must file a written application with restoration plans, and a permit issues only after the Mayor's designee expressly approves it.

Street restoration must include base repair and full-cartway milling and overlay for a stretch no less than 100 feet long. Permits require on-site liability, property damage and workers' disability insurance naming Upper Darby Township as an additional insured, and the permittee must indemnify the Township for claims arising from its use of the right-of-way. Application and annual fees are set under Chapter 290, Article III, and extraordinary expenses the Township incurs because of the permitted work (heavy equipment, sewer cleaning after grease buildup, police overtime) are billable to the permittee within 30 business days of a statement.