[Adopted 3-19-1975 as Ch. 123, Art. IX, of the 1975 Code]
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.