Freehold Township, NJ Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Chapter 300, Article I, adopted 12-22-1969 and amended through Ord. No. O-83-2, requires § 300-1's written permit before anyone digs up, excavates or opens any street, road, avenue, highway or right-of-way the Township owns or controls, for any purpose. Applications go to the Township Clerk, and § 300-2 requires the applicant to state when the work begins, how long the trench stays open, the trench's distance from the road's center with a diagram, any special conditions, and contact information for service of notice; the applicant must also agree to open no part of the roadway except when the Township Engineer approves it.

Permits run no longer than three months, though an expired permit can be renewed on written request, and no permit issues between November 15 and March 15 unless the Township Engineer reviews and recommends it, keeping winter freeze-thaw damage off the Township's books. Section 300-3 requires an application fee, an engineering inspection fee, and a minimum cash or certified-check deposit held in escrow by the Township Treasurer without interest; a public utility can instead post an annual $10,000 surety bond. Work must protect the traveling public under § 300-5, with adequate lighting at night and no more than half the roadway open to traffic at a time on a transverse cut, and § 300-8 bars any excavation that would damage a tree without approval from both the Township Engineer and the Shade Tree Commission.

Once finished, backfilling under § 300-9 and pavement restoration under § 300-10 must meet New Jersey Department of Transportation specifications before the deposit is released.