Mercer County, NJ Sidewalk & Pedestrian Rules: Sidewalk Repair (2026)
Key Facts
- County sidewalk bond
- Not required by Mercer County
- Bond authority
- Local municipality, not County
- Still required in County ROW
- RCP/ROWOP plus proof of insurance
- Insurance floor
- $1,000,000 bodily injury, $25,000 property
- Driveway apron
- Bond required if curb removed
- Unpermitted work penalty
- $500 fine and/or 90 days jail
Summary
Mercer County does not require a performance or maintenance bond for sidewalk removal, replacement or installation; County Code § 5.03.030(F)(4) says that obligation is 'generally required by the local municipality' instead. If the sidewalk work happens inside a County right-of-way, though, the contractor still needs a Roadway Construction Permit/Right-of-Way Occupancy Permit and proof of insurance.
The performance and maintenance bonds for the removal, replacement, or installation of sidewalk are not required by Mercer County but are generally required by the local municipality. However, if the work is performed within Mercer County right-of-way, the applicant will still be required to obtain a roadway construction permit/right-of-way occupancy permit and post proof of insurance.
(5) The performance and maintenance bonds for the removal, replacement, or installation of driveway aprons are not required by Mercer County but are generally required by the local municipality. However, if the work is performed within Mercer County right-of-way, the applicant will still be required to obtain a roadway construction permit/right-of-way occupancy permit and post proof of insurance. Should curb be removed and/or replaced to accommodate the replacement of a driveway apron, a bond will be required.
G. Working hours and procedures.
(1) The roadway construction permit/right-of-way occupancy permit shall specify the anticipated date and duration of work. Should this time and date change, the applicant shall notify the Mercer Highway Division the prior business day to arrange for the new working date. Failure to notify the Mercer County Highway Division may result in a nullification of the road opening permit.
(2) The applicant shall also be required to telephone the Mercer County Highway Division at least two hours in advance of any backfilling.
(3)
Full Breakdown
Responsibility for sidewalk maintenance in Mercer County splits along jurisdictional lines set out in the County's right-of-way chapter. 030(F)(4) states plainly: 'The performance and maintenance bonds for the removal, replacement, or installation of sidewalk are not required by Mercer County but are generally required by the local municipality. ' In other words, the County itself imposes no bonding requirement on sidewalk work, because sidewalks abutting private property are treated as a municipal responsibility across Mercer County's 21 municipalities, not a County program; the County's only role is permitting any part of that work that physically touches a County-maintained road or right-of-way.
030(F)(5), draws the same distinction for driveway aprons, adding that 'should curb be removed and/or replaced to accommodate the replacement of a driveway apron, a bond will be required' even though the apron work itself is not bonded by the County. 030(C)(8) ($1,000,000 bodily injury/death, $25,000 property damage), and obtain the RCP/ROWOP through the Mercer County Highway Division before work begins.
Violations & Fines
Skipping the required RCP/ROWOP and insurance for sidewalk work that touches a County right-of-way, even though no County bond applies, exposes the contractor to the same § 5.03.060(B)(2) penalty as any other unpermitted right-of-way work: up to 90 days in the County jail, a fine of up to $500, or both, plus liability for any County repair costs, enforced by the County Sheriff under § 5.03.070.
Frequently Asked Questions
Who is responsible for repairing a cracked sidewalk next to a Mercer County road?
If the County doesn't bond sidewalk work, do I need any County paperwork at all?
Does the same rule apply to driveway apron replacement?
Sources & Official References
Other rules in Mercer County
Compare Mercer County to another location·View the New Jersey sidewalk & pedestrian rules overview
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