For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ENCROACHMENT. Any obstruction (whether temporary or permanent, unless expressly authorized by law), any sign, any landscaping, any new driveway, any new other road connection, the diversion of waters, any excavation (whether or not conducted under a valid franchise), culvert installations (whether new or replacement), and any other construction on or within five feet of the greater of the ROADWAY PRISM or the PUBLICLY MAINTAINED ROAD. Specifically excluded from the definitions of ENCROACHMENT is any tree planted prior to July 21, 2009, unless such tree poses a threat to life or safety.
   PUBLICLY MAINTAINED ROAD. The entire width of the right-of-way for any road under the exclusive control of the town, whether held by deed, easement, dedication, or other claim of right, including bridges, and which have been included in the Town Road Maintenance System.
   ROADWAY PRISM. The traveled road surface, shoulders and ditches.
(Ord. 08-45, passed 10-21-2008; Am. Ord. 09-53, passed 8-4-2009)