Private Construction in Public Right-of-Way

Q&A for Private Construction in the Public Right-Of-Way

What are the requirements?

A permit must be obtained for any work done within the Township’s streets. A written application for permit must be completed and all work must be inspected by the Township Engineer. Any contractor employed to do such work must be bonded with the Township. Call the Engineering Bureau at 973-509-5711 if you would like a copy of the list of bonded contractors.

What kind of “bond” and what amount is required?

A sample bond is included at the end of this document, which your contractor must obtain from their insurer. The Township will also accept a cash bond for the work (certified check only), which we will hold for a minimum of 30 days beyond the date the work is completed. Required bond amounts are:

For sidewalk, curb and driveway apron construction: $2,000
For opening the street (for sewer or water connections): $5,000

Who can apply for the permit?

Unless the property owner is completing the work themselves, a licensed and bonded contractor must apply for the permit. Property owners are not required to obtain a bond, but they must still apply for the permit and pay any permit fees.

Where do I apply for the permit?

Permits may be obtained in person only at the Department of Community Services, Engineering Bureau located at 219 N. Fullerton Avenue, except for water connections. Water connection permits must be obtained from the Montclair Water Bureau at 54 Watchung Avenue, only after applying for a street opening permit. Both processes usually take about five to ten minutes.

Download a PDF version of FAQs for Private Construction in the Public Right-Of-Way - Includes Sample Bond.

Download Application for Permit -- Excavation in Street(PDF, 164KB)

What are the permit fees?

*Must be obtained from Montclair Water Bureau. Call (973) 744-4600 for more information.

Details of these provisions are contained in the Revised Ordinances of the Township of Montclair, Chapter 269, Sewers; Chapter 297, Streets and Sidewalks; and Chapter 341, Water. Township ordinances are accessible online: Click here to access the General Code e-Code for the Township of Montclair.

What if I live on a County Road? Permits for work on the streets cited below must be obtained from the office of the County Engineer. For more information, call the Essex County Department of Public Works at 973-226-8500, ext. 248