It shall be a condition of any easement, license or permission granted by the Town for the use of the public right-of-way for purposes of utility lines that such lines shall be kept clear of branches and brush in accordance with this article.
[Adopted 4-9-2012 by Ord. No. 2012-04 (Ch. 181 of the 2007 Code)]
It shall be unlawful for branches or brush to encroach on or over the public right-of-way in which utility lines are located in violation of the annual vegetation management plan or hazard tree removal plan approved by the Town pursuant to MGL c. 87, § 14 or, if no such plans have been approved, to any distance within four feet of either side of such lines or within eight feet over such lines. The utilities or companies which have such easement, license or permission shall be jointly and severally responsible at their own expense for cutting or trimming any branches or brush which so encroach upon utility lines to comply with this article, except otherwise provided in § 122-12.
Owners of any trees or brush located on property adjacent to public rights-of-way shall be deemed to have consented to cutting or trimming of branches and brush that encroach on the public right-of-way by utility companies in compliance with this article if they have been given at least 14 days' written notice of proposed cutting or trimming without objection as provided in this section. Any notice shall include notification that any objection shall be required to be sent to the Town Manager within seven days or owners shall be deemed to have consented to such cutting and trimming. Any owner who does not consent to cutting or trimming by any utility company in accordance with this article shall instead be subject to the requirements of this article at their own expense. Nothing in this article shall limit the power of tree wardens to trim, cut or remove trees in accordance with MGL c. 87, § 5.
Nothing in this article shall authorize any person or utility company to enter upon or over privately owned property or to remove any tree located on private property. The scope of this article shall be limited only to branches and brush that encroach on the public right-of-way.
The Town Manager or the Manager's designee shall enforce this article by sending written notice to any utility which has been given an easement, license or permission within a public right-of-way by stating the street address or location of branches or brush that encroach on the public way be cut or trimmed within 60 days after such notice. Failure by the utility to comply with this article within 60 days after such notice, or after such additional time as the Town Manager may agree in writing, shall be enforced by a civil infraction of $100. Each day and each tree shall constitute a separate violation.