• Street Opening Permits
Upper Darby Township requires Street Opening Permits for any excavation, opening, or construction activity within the public right-of-way, including streets, sidewalks, and associated infrastructure.
Street opening permits are required to ensure that all work within the right-of-way is performed in accordance with Township ordinances, safety standards, and applicable State and Federal regulations.
It is unlawful to perform any excavation, opening, or construction activity within the public right-of-way without first obtaining a Street Opening Permit.
Street opening permits help protect public infrastructure, ensure safe traffic flow, prevent damage to utilities, and guarantee proper restoration of Township property.
Permit Requirements (Township Code – Chapter 472)
In accordance with Chapter 472 of the Upper Darby Township Code, a permit is required prior to any excavation, opening, or construction activity within the public right-of-way.
This includes, but is not limited to:
- Opening or excavating within a public street or roadway
- Excavation within sidewalks, curbs, or driveway aprons
- Installation, repair, or replacement of underground utilities
- Sewer lateral installation or repair
- Installation of conduit, piping, or infrastructure
- Any work impacting Township-owned right-of-way
Restrictions on Newly Paved Streets
No excavation or opening shall be permitted in any street that has been newly paved, overlaid, or reconstructed within the previous five (5) years, except in the case of an emergency as determined by the Township.
Requests for non-emergency openings within restricted areas require express approval from the Township.
Where permitted, restoration requirements may include full roadway milling and overlay in accordance with Township standards.
Who May Apply for and Perform Work Under a Street Opening Permit
Street opening permits may only be applied for and work may only be performed by qualified and properly authorized entities.
Permits may be obtained by:
Property owners are not permitted to perform street opening or excavation work within the public right-of-way.
Licensing Requirements
All permittees must comply with Township requirements related to licensing, insurance, and indemnification.
This includes:
- Maintaining required liability, property damage, and workers’ compensation insurance
- Naming Upper Darby Township as an additional insured
- Providing required indemnification and hold harmless agreements
Failure to comply with these requirements may result in permit denial, suspension, or revocation.
When a Street Opening Permit is Required
A Street Opening Permit is required for any work that disturbs or impacts the public right-of-way, including:
- Excavation within streets or sidewalks
- Trenching for utilities or infrastructure
- Sewer lateral installation or repair
- Installation of underground conduits or lines
- Emergency repairs involving excavation
- Any work requiring cutting or opening of pavement
Emergency Work
In the event of an emergency (such as a utility failure, leak, or hazardous condition), work may begin prior to permit issuance.
However:
- A permit application must be submitted immediately, and no later than the next business day
- All work must comply with Township regulations
- Full restoration and documentation requirements still apply
Before You Apply
Prior to submitting a Street Opening Permit application, applicants must:
- Identify all utilities within the work area
- Contact PA One Call and comply with underground utility marking requirements
- Prepare detailed construction and restoration plans
- Identify all contractors and subcontractors involved
- Establish a work schedule and timeline
- Determine traffic control and safety requirements
Incomplete applications will delay review.
Application Requirements
A complete Street Opening Permit application must include:
- Completed permit application form
- Detailed plans of proposed construction activity
- Location of all work within the right-of-way
- Description of work and methods
- Schedule of work (start and completion dates)
- Contractor and subcontractor information
- Traffic control plan (if applicable)
- Restoration plan in accordance with Township standards
Additional documentation may be required depending on the scope of work.
Plan Review and Approval
Applications are reviewed to ensure:
- Protection of public safety
- Maintenance of traffic flow
- Compliance with Township construction standards
- Proper coordination with utilities and infrastructure
The Township may impose conditions on permits, including restrictions on:
- Work hours
- Traffic control measures
- Construction methods
- Noise and safety considerations
Permit Duration and Conditions
- Permits are issued for a period not exceeding one (1) year
- Permits may be revoked if work does not commence within 180 days
- Permits may be suspended for non-compliance with Township requirements
- Permits may not be transferred without Township approval
All permit conditions must be followed at all times.
Construction and Safety Requirements
All work within the right-of-way must:
- Be performed in a manner consistent with public safety
- Comply with all applicable federal, state, and local regulations
- Follow OSHA safety requirements
- Avoid interference with traffic and pedestrian movement
- Be properly secured and protected at all times
Proper work zone signage and traffic control measures must be implemented in accordance with PennDOT standards.
Temporary Restoration Requirements
Temporary restoration must be completed at the end of each workday and include:
- Backfilling with approved materials
- Proper compaction
- Placement of temporary surface material (cold patch or approved equivalent)
Temporary restoration must be maintained in a safe condition at all times.
Final Restoration Requirements
Final restoration must:
- Restore the roadway, sidewalk, or right-of-way to equal or better condition
- Include proper base and surface materials in accordance with Township specifications
- Be completed within required timeframes
- Be guaranteed for a minimum of one (1) year
In certain cases, full roadway milling and overlay may be required.
Inspections
The Township may perform inspections to ensure compliance with permit requirements.
Inspections may include:
- Construction inspection
- Restoration inspection
- Final inspection
The permittee is responsible for notifying the Township upon completion of work.
Traffic Control and Road Closures
- Traffic flow must be maintained at all times
- Road closures are permitted only under limited circumstances
- Approved detour plans are required for any road closure
- Proper signage and flagging operations must be implemented
Advance notice to the Township is required prior to any road closure.
Permittee Responsibilities
The permittee is responsible for:
- All costs associated with the work
- Proper restoration of the right-of-way
- Repair of any damage caused by construction
- Ongoing maintenance during the warranty period
- Compliance with all permit conditions
Failure to comply may result in enforcement action or Township completion of work at the permittee’s expense.
Fees and Payments
Permit fees are established in accordance with the Township Fee Schedule.
Payments may be made:
- Online
- By check or money order
Cash is not accepted.
(Fees are subject to change. Please contact the Township to verify the most current fee schedule.)
Important Reminders
- A permit is required before any work in the right-of-way begins
- All work must comply with Township standards and regulations
- Proper restoration is required for all openings and excavations
- Traffic control measures must be maintained at all times
- The Township reserves the right to require additional conditions or inspections
- Failure to obtain a permit may result in stop work orders, fines, and enforcement action
Frequently Asked Questions
Do I need a permit to excavate in the street or sidewalk?
Yes. Any work within the public right-of-way requires a permit.
Can I start work before the permit is issued?
No, except in true emergency situations. A permit must be obtained as soon as possible.
Who is responsible for restoring the street?
The permittee is responsible for all restoration and associated costs.
Will the Township inspect the work?
Yes. Inspections may be conducted to ensure compliance.
Contact Licenses & Inspections
For questions regarding street opening permits, please contact Code Enforcement Division.
Email: LI@UpperDarby.org
Phone: 610-734-7613
Residents may also submit inquiries or report concerns through the Township One Center.
To submit a concern, email One@UpperDarby.org or call the One Center Request Line at 610-734-7625.
