(A) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
STREET GUTTER FLOW LINE. The street gutter flow line of the curb adjacent to and bordering upon each restricted area. In the event there is no such curb, the height restrictions set forth in this section shall be based upon the actual level of the paved or used portion of the public street adjacent to and bordering upon each restricted area.
(B) The areas in the town restricted by the provisions of this section include all of that portion of land lying within a triangular shaped area on each street corner within the town described by metes and bounds as follows:
Beginning at the precise corner of intersection point of the curbs of each of the two streets forming each corner and extending 20 feet along each curb line from the curb intersection point, the third side being determined by the drawing of a straight line from the ends of the 20-foot extensions; whether the land is privately owned or unpaved or untraveled street right-of-way property.
(1) Where no curbs are in existence at the street intersections, these 20-foot lines shall coincide with the central flow line of the ditches paralleling these uncurbed streets as shall be determined by the town.
(2) The provisions of this section shall apply only to those areas of the town designated and classified by the town’s zoning code requiring construction on lots in zoned sections to be set back from the property line of each lot.
(C) No person shall plant, grow or maintain in any restricted area any plant, hedge, shrub or other growth, except trees, at a height greater than three feet from the street gutter flow line.
(D) Any trees planted, grown and maintained in any restricted area shall not have branches or foliage extending from the trunk thereof at a height lower than ten feet from the street gutter flow line.
(E) No person shall plant, grow or maintain in any restricted area any tree, plant, hedge, shrub or other growth at a height that would interfere with utility lines.
(F) In addition to any penalty which may be imposed for the violation of this section, the town shall have the power to enter upon the areas described above and remove any of the growths prohibited by this section. The town shall not be liable to the owners of the property for this entry and removal.
(1988 Code, § 98.51) Penalty, see § 10.99