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Cherry Hill, NJ Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

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

Key Facts

Governing section
§ 20-1, Excavations in Streets and Rights-of-Way
Issuing office
Township Engineering Department
Admin fee
$100 plus inspection fee
Permit term
6 months, extendable 6 months
Minimum surety
$500 for openings up to 10 sq ft
Restriction after paving
No permit 5 yrs post-reconstruction, 3 yrs post-resurfacing

Summary

Any work that disturbs Cherry Hill Township streets, curbs, sidewalks or driveway aprons within the public right-of-way needs a Street Opening Permit from the Engineering Department under Township Code § 20-1. Applicants post a bond, pay administration and inspection fees, and restore all disturbed paving to Township specifications.

It shall be unlawful for any person, partnership, association or corporation to cut, break into, excavate, grade, damage, or open any of the roads, streets, avenues, highways and rights-of-way of the Township, or easements granted thereto without first making written application to the Engineering Department stating the kind, character and purpose of the proposed work and such other information as may be required to fulfill the requirements of this section.

Full Breakdown

Township Code § 20-1 makes it unlawful to cut, break into, excavate, grade, damage or open any Township road, street, avenue, highway or right-of-way, including easements, without first filing a written application with the Engineering Department (§ 20-1.1). The permit covers construction, repair or installation touching sidewalks, driveway aprons, curbs, handicapped ramps, sanitary and storm sewer mains, water and gas mains, and utility conduits within the right-of-way, plus temporary storage of equipment or materials there (§ 20-1.4a). Applicants file diagrams or plans with the Engineering Department (§ 20-1.5), which can approve, approve as noted, or deny them (§ 20-1.6); the Department may reject an application that would cause substantial damage or dangerous traffic conditions (§ 20-1.7).

Before a permit issues, the applicant pays a $100 administration fee plus an inspection fee of at least $100 for the first $1,000 of estimated restoration cost and $50 per additional $1,000, or a flat $75 for sidewalk or apron replacement only (§ 20-1.12a), and posts a bond or escrow, with a minimum $500 surety for openings up to ten square feet plus $35 per additional square foot (§ 20-1.12b). The permit is valid six months and can be extended six more (§ 20-1.8b), and no new permit issues for five years after a street is reconstructed or three years after it is resurfaced absent an emergency or Township Council hardship waiver (§ 20-1.8d).

A maintenance bond stays in effect for two years after the Township accepts the restoration (§ 20-1.11f). Opening a right-of-way without a permit violates § 20-1.15 and the general Chapter 1, § 1-5 penalty schedule.

Violations & Fines

Excavating, cutting or opening any Township street, curb or right-of-way without an approved Street Opening Permit violates § 20-1.1 and is punishable under § 20-1.15 and the general Chapter 1, § 1-5 penalty: a fine up to $2,000, up to ninety days in jail, or up to ninety days of community service, at the Municipal Court judge's discretion.

Frequently Asked Questions

Do I need a permit to put in a new driveway apron in Cherry Hill?
Yes. Any work touching a driveway apron, curb or sidewalk within the Township right-of-way needs a Street Opening Permit under § 20-1.1, filed with the Engineering Department, even for sidewalk or apron replacement only, which carries a reduced $75 combined administration and inspection fee under § 20-1.12a.
How long is a Cherry Hill right-of-way permit good for?
A Street Opening Permit issued under § 20-1.8b is valid for six months from the date it is issued and can be extended for one additional six-month period if the applicant asks the Engineering Department in writing before the original permit expires.
Can I get a permit to open a street that was just repaved?
Generally no. Section 20-1.8d bars new permits for five years after a street is reconstructed and three years after it is resurfaced, unless there is an emergency or the Township Council grants a hardship waiver by resolution after receiving a written request.

Sources & Official References

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