[HISTORY: Adopted by the Town Council of the Town of South Berwick 9-27-1982. Amendments noted where applicable.]
Except for road construction or maintenance programs within the Town right-of-way, the Town will become involved only in the removal of trees whose trunks are wholly or partially within the limits of the street right-of-way and which are a clear and present danger to traffic. The Road Commissioner shall have the sole determination as to location and potential danger to traffic of the tree. Where no records exist delineating street right-of-way width, 23 M.R.S.A. § 2103, which delineates a three-rod (49.5 feet) right-of-way shall be employed.
The Town will dispose of all trees which the Town causes to be cut down. The abutting landowner will have first refusal of the wood. In all cases where the property owner desires to have the wood, he must indemnify the Town of South Berwick from any liability while the wood remains in the Town right-of-way. Further, the wood and all debris shall be removed by the landowner within 72 hours or it will be removed and become the property of the Town of South Berwick.
Before cutting is accomplished, a waiver of liability will be obtained from abutting property owners.
The burden of payment for the tree removal shall be as follows:
There shall be no payment where the Town Highway Department can remove the tree without the aid of a private contractor.
When a private contractor is employed in the removal of a tree, the cost of its removal will be evenly divided between the Town and any utilities involved.
On state-maintained highways, the Maine Department of Transportation shall be contacted by the Town.