For purposes of this Chapter, the following terms, phrases, words, and their derivations have the meanings set forth herein. When not inconsistent with the context, words in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The words “shall” and “will” are mandatory and “may” is permissive. Words not defined shall be given their common and ordinary meaning.
   APPLICANT. Any person applying for a right-of-way permit hereunder.
   BEST EFFORTS. The best reasonable efforts under the circumstances, taking into consideration, among other appropriate matters, all applicable laws, regulations, safety, engineering and operational codes, available technology, weather conditions, field conditions, human resources and cost.
   CHAPTER. Chapter 97 of the Village Code, as amended from time to time, and any regulations adopted hereunder.
   COMMENT PERIOD. Has the meaning set forth in § 97.10(A).
   COUNCIL. The legislative body of the village.
   DIRECTOR. The Village Administrator.
   FORCE MAJEURE. A strike, act of God, act of public enemy, order of any kind of a government of the United States of America or of the State of Ohio or any of their departments, agencies or political subdivisions; terrorism, riot, epidemic, landslides, lightning, earthquake, fire, tornado, storm, flood, civil disturbance, explosion, partial or entire failure of a utility or any other cause or event not reasonably within the control of the party disabled by such force majeure, but only to the extent such disabled party notifies the other party as soon as practicable regarding such force majeure and then for only so long as and to the extent that, the force majeure prevents compliance or causes non-compliance with the provisions hereof.
   FRANCHISE. A valid service permit or franchise issued by the village pursuant to the Village Code or Constitution and laws of Ohio or the United States, and accepted by any person, pursuant to which such person may operate or provide natural gas, electric, cable television, communication or other utility services to consumers within the village.
   GENERAL RIGHT-OF-WAY PERMIT. Shall have the meaning set forth in § 97.03(B).
   GOVERNMENTAL PURPOSES. Those purposes classified as governmental under Ohio law, as well as (i) street lighting to the extent provided by the village, (ii) water utility service, (iii) storm sewer services; (iv) sanitary sewer services; (v) electrical utility services; and (vi) any other village utility service to the extent such other village utility service is provided to village facilities.
   LEASEBACK. The sale or transfer of property by a permittee to another person contemporaneously followed by the leasing of the property to the permittee on a long term basis, that are not operated or controlled by such lessee, and are operated or controlled by the permittee.
   LIMITED RIGHT-OF-WAY PERMIT. Shall have the meaning set forth in § 97.03(B).
   PERMITTEE. Any person issued a general or limited right-of-way permit pursuant to this chapter to use or occupy all or a portion of the rights-of-way in accordance with the provisions of this chapter and said right-of-way permit.
   PERSON. Any natural person or any association, firm, partnership, joint venture, corporation, or other legally recognized entity, whether for-profit or not-for-profit.
   PUBLIC PROPERTY. Any real property owned by the village or easements held or used by the village, other than a right-of-way.
   REGULATION. Any rule adopted by the Director pursuant to the authority of this chapter, and the procedure set forth in § 97.10 to carry out its purpose and intent.
   RESIDENTIAL PURPOSES. Residential use of right-of-way for such uses as mailboxes, trees, decorative purposes or any curb cuts and driveways, and as may be further defined in the regulations.
   RIGHT-OF-WAY. The surface of and the space above and below the paved or unpaved portions of any public street, public road, public highway, public freeway, public lane, public path, public way, public alley, public court, public sidewalk, public boulevard, public parkway, public drive and any other land dedicated or otherwise designated for the same, including but not limited to public easements for commercial corridor improvements, now or hereafter held by the village which shall, within its proper use and meaning in the sole opinion of the Director, entitle a permittee, in accordance with the terms hereof and of any right-of-way permit, to the use thereof for the purpose of installing or operating any poles, wires, cables, transformers, conductors, ducts, lines, mains, conduits, vaults, manholes, amplifiers, appliances, attachments or other property or facilities as may be ordinarily necessary and pertinent to the provision of natural gas, electric, cable television, communications or other utility services as set forth in any franchise or any right-of-way permit. RIGHT-OF-WAY shall not include private easements or public property, except to the extent the use or occupation of public property is specifically granted in a right-of-way permit or by regulation.
   RIGHT-OF-WAY BOARD. Shall have the meaning set forth in § 97.03(F).
   RIGHT-OF-WAY PERMIT. The non-exclusive grant of authority to use or occupy all or a portion of village’s rights-of-way granted pursuant to this chapter.
   RIGHT-OF-WAY RELATED COSTS. The total costs, to the greatest extent permitted by law, to the village of planning, regulating, purchasing, maintaining and governing the rights-of-way, including any costs of joint planning, enforcement of this chapter, and related costs and overheads, including but not limited to an appropriate allocation of the costs of any geographic information systems utilized by the village.
   VILLAGE. The Village of Minster, Ohio.
(Ord. 10-12-05, passed 1-4-11)