(A) Permit required. Except as otherwise provided in this code, no person may obstruct or excavate any right-of-way without first having obtained the appropriate permit from the city.
(1) Excavation permit. An excavation permit is required to excavate that part of the right-of- way described in the permit and to hinder free and open passage over the specified portion of the right-of-way by placing facilities described therein, to the extent and for the duration specified therein.
(2) Obstruction permit. An obstruction permit is required to hinder free and open passage over the specified portion of right-of-way by placing equipment described therein on the right-of-way, to the extent and for the duration specified therein. An obstruction permit is not required if a person already possesses a valid excavation permit for the same project.
(B) Permit extensions. No person may excavate or obstruct the right-of-way beyond the date or dates specified in the permit unless the person makes a supplementary application for another right-of- way permit before the expiration of the initial permit, and a new permit or permit extension is granted.
(C) Delay penalty. In accordance with Minn. Rules part 7819.1000 Subp. 3, as it may be amended from time to time and notwithstanding division (B) of this section, the city shall establish and impose a delay penalty for unreasonable delays in right-of-way excavation, obstruction, patching, or restoration. The delay penalty shall be established from time to time by resolution of the City Council.
(D) Permit display. Permits issued under this subchapter shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the Clerk.
(E) Exceptions to requirement for obstructions or excavation permits.
(1) Decorative landscaping items not exceeding two and one-half feet in height including, but not limited to, such items as grass, groundcover, flowers, or shrubs may be allowed in the right-of-way without a permit. However, such objects or plantings may not encroach into actual roadway, trailway or sidewalk area. No permanently anchored structures of any kind shall be allowed within any part of the right-of-way. The City of Mayer has the right to remove any item or object that is within the right-of- way at any time for any reason.
(2) In appropriate circumstances a property owner may request a variance from the above stated decorative landscaping limitations. The request shall be in writing and directed to the City Administrator. The request shall specifically set forth in detail the proposed variations from the decorative landscaping limitations. The City Administrator may approve or deny the proposed variance or approve the variance with and subject to restrictions, including time limits.
(Am. Ord. 141, passed 11-26-07) Penalty, see § 10.99