Monroe Township (Middlesex County), NJ Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Section 105-1 of the Monroe Township Code makes it unlawful for any person, firm or corporation to make an excavation or to place any form of construction, debris or water in, over or upon any public road, street or right-of-way under the Township's jurisdiction without first obtaining a written permit. The Township Engineer approves it and the Township Clerk issues it once the application fee and other required considerations in Chapter 39 (Fees) are paid. The Clerk then sends a copy to the Township Police Department and the Department of Public Works. Application forms come from the Office of the Township Engineer.

The permit comes with conditions. A permit to open a road does not carry the right to make drainage, sewer, water, gas, oil, steam, electric or telephone connections; those need a separate permit from the officials with jurisdiction (§ 105-2). Where an excavation runs the full width of a road, only one half is dug at a time and backfilled before the other half starts, and the road must stay open to emergency vehicles and buses (§ 105-3). Before a permit for any excavation below pavement grade issues, the permittee files a certificate of insurance of $100,000 to $300,000 for bodily injury and $25,000 for property damage (§ 105-6). The permittee also deposits enough cash, certified check or bond to cover repairing the street, with amounts set under Chapter 39 (§ 105-7). For extraordinary or unusually large openings, the Township Engineer can require up to 50% certified funds and 50% performance bond.

Emergencies are handled separately. A broken or frozen water main or similar danger to public life, health and safety allows an opening without a prior written application, but the Township Engineer must be told verbally right away and the written application must follow within 48 hours (§ 105-5). The contractor gives the Township Engineer at least 24 hours' notice before backfilling begins (§ 105-11). The deposit or bond is released only after the Township Engineer approves the restoration on written request (§ 105-10). The Chief of Police decides whether barriers and warning devices protect traffic adequately (§ 105-14).