Whenever the Board of Township Commissioners
shall hereafter determine to improve any street, road or highway for
the grading, guttering, macadamizing, curbing, recurbing, paving,
repaving, constructing or repairing of the footways thereof, the Secretary
of the Board of Township Commissioners shall give written notice to
the owners of properties abutting said street, road or highway of
such intended improvement and to such public utility companies serving
the area, at least 30 days prior to the date of the intended improvement,
which said notice shall be served either upon the assessed owner of
the property thereof or upon any occupant thereof, personally or by
mail or by posting the said premises, and upon such public utility
companies, and thereafter the surface of the street, highway or road
shall not be torn up or opened, except in the case of unavoidable
accident or emergency, for a period of five years from the date of
final completion of the improvement of the aforesaid street, road
or highway.
The Board of Township Commissioners does hereby
reserve unto itself, in any special case, the right, liberty and privilege,
upon sufficient cause shown, to permit the tearing up or opening of
any such street, road or highway during such five-year period upon
due application made to the said Board of Township Commissioners and
approval thereof and by the paying by such applicant of all necessary
permit fees, including the cost of restoration of such street, road
or highway.