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:
A. There shall be no payment where the Town Highway Department
can remove the tree without the aid of a private contractor.
B. 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.
C. On state-maintained highways, the Maine Department of
Transportation shall be contacted by the Town.