Grantee shall have the right to remove, trim, and cut and to keep clear of its poles, cables, underground conduits, and related equipment the trees in and along the rights-of-way, but, in the exercise of such right, grantee shall not cut such trees to any greater extent than is reasonably necessary for the construction, erection, installation, maintenance, and use of cable system equipment.  Except in emergency situations, grantee shall not remove, trim, or cut such trees from any rights-of-way without first providing reasonable written notice to the town of its intention to do so, such notice to be delivered not less than ten days in advance.  No clearing may go forward without written approval from town.  Town agrees to use its best efforts to provide such written approval no later than 48 hours in advance of the scheduled clearing.  Town may, at its discretion, have town staff observe the scheduled clearing.  Such personnel are authorized to stop all clearing activities if it appears to such staff that the clearing exceeds the authority granted by town or for other good and sufficient reasons.  The grantee shall compensate the town or any private owners of such trees for any damage proximately caused by grantee’s negligent conduct.
(Ord. 1497, passed 2-22-06)