6-4-6: SPECIAL PERMIT:
A Village Authority to Issue Special Permits: The village, with respect to highways under its jurisdiction other than Routes 47, 56 and 30, may upon written application authorize the applicant to operate or move a vehicle or combination of vehicles of a weight exceeding the maximum specified in section 6-4-3 of this chapter upon a showing that there is no other route available on public roads except for a route including village roads.
   A.   A permit shall be required for the movement of any vehicle or combinations of vehicles, which is non-divisible or is carrying a load which is non-divisible, while operating on highways and bridges within the jurisdiction of the Village while exceeding the maximum size and weight limits described in 625 ILCS 5.0/15-102 (width), 15-103 (height), 15-107 (length) and 15-111 (weight) of the Illinois Vehicle Code. Exempt from permits are the following:
      1.   Fire department vehicles;
      2.   Those vehicles operating under an emergency declaration;
      3.   Village owned vehicles engaged in emergency utility repair;
      4.   Equipment used for snow and ice removal, owned or operated by any governmental body.
   B.   Permits shall be issued only in the name of a person, firm, business or corporation who owns and operates the transporting vehicle or operates the vehicle under a bona fide lease agreement.
   C.   Permits for vehicles which are oversize are valid only a half hour before sunrise until a half hour after sunset, on any day which a permit issued by the Illinois Department of Transportation is valid.
   D.   Permits are non-transferable and apply only to the permittee and vehicle to which it was issued.
   E.   The Police Department, in their discretion, may issue revisions to permits for a fee of twenty five dollars ($25) (or fifty percent (50%) of the original permit fee if the original permit fee was fifty dollars ($50) or less):
      1.   To correct an error attributed to the Police Department (no revision fee);
      2.   To correct an error attributed to the applicant, discovered before the move.
      3.   To adjust weights, dimensions or routes as issued on the permit, before the move is made.
   F.   The permit, when issued, constitutes an agreement between the permittee and the Village that the move described in the application will take place only as described. The permittee has the responsibility to report to the Police Department any inaccuracies or errors on the part of either the Village or the permittee before starting any move. Undertaking the move is prima facie evidence of acceptance of the permit as issued and its terms.
   G.   The routing prescribed in the permit constitutes the sole extent of the authority granted by the permit for the use of highways within the jurisdiction of the Village, and any vehicle and/or load found to be off route will be considered operating without a permit. Permits shall be in the driver's possession in either paper or electronic form unless otherwise directed by the Police Department and presented upon demand to any police officer for inspection.
   H.   Any vehicle(s) and/or load found to be divisible will render the permit null and void, and the entire gross weight and axles weights of the vehicle(s) with the load are subject to legal size and weights. It is the duty of the applicant to verify the non-divisibility of the vehicle(s) before making application for the permit. The permit application itself is prima facie evidence that the applicant confirmed the vehicle(s) and/or loads were non-divisible.
   I.   If required, arrangement shall be made by the permittee to have the proper utilities notified, property moved, bridge or highway analysis performed and completed in advance of any permit movement.
   J.   All movements under the permit shall be made in accordance with all applicable federal, State and local laws, ordinances, rules and regulations.
   K.   The Police Department shall maintain a list of reasonable provisions to accompany every permit. The Police Chief, Director of Public Works or his designee may amend this document from time to time at their discretion. The provisions shall not be more restrictive than those listed in the OPER 993 form issued by the Illinois Department of Transportation, or the most current phase of interstate harmonization policies issued by the American Association of State and Highway Transportation Officials, except in extreme cases. Permit provisions shall accompany every permit issued.
   L.   Permits are null and void if altered for the purpose of deception. The permits issued under this section constitute a grant of a privilege by the Village and may be denied or suspended for such reasons as the Village may deem rationally related to its governmental interests including, but not limited to:
      1.   A permittee fraudulently provides incorrect information in an application a permit;
      2.   A permittee, its agents, or employees operating on a permit which has been altered for purposes of deception;
      3.   Non-compliance by permittee, its agents or employees with federal, State, or local ordinances pertaining to the transport of goods or operation of a vehicle engaged in the transport of goods;
      4.   Moving on Village highways without a valid permit as required under this section.
      5.   All single trip or round trip permits are limited to movements on assigned routes only.
   M.   All quarterly or annual overweight permits are restricted to the following maximum limitations and routing:
      1.   Twelve (12) ft. zero (0) in. width.
      2.   Thirteen (13) ft. six (6) in. in height.
      3.   One hundred fifteen (115) ft. in length.
      4.   May not use any Village highway as a cut-thru to avoid using a State, County or Township highway.
      5.   These permits are subject to all standards of application set forth in Section 6-4-7, except that the load may be interchanged provided none of the listed maximum weights and dimensions are exceeded.
      6.   Quarterly and annual permits shall list the registration number and state (if applicable) for the power unit, and vehicle identification number (VIN). The serial number of the power unit, and/or owner applied number shall also be listed, if applicable.
   N.   Application: The form of application for a special permit shall be made available via the Village of Sugar Grove's website.
   O.   Action by Village: The village shall act to allow or deny the requested special permit in one business day following the day of receipt by the village.
   P.   Fee: An application fee sufficient to cover the cost of processing, issuing and analyzing an application for special permit, shall be required by and paid on line via the village website. The amount of the application fee shall be set from time to time by Resolution of the Corporate Authorities.
   Q.   Designation of Route: The village shall designate in the special permit the route to be used on roads within the corporate limits of the village.
   R.   Contract with Village: Vehicles operated by persons or entities under contract with the village for village purposes might also obtain a permit, the fee for which may be waived by the village clerk.
   S.   Duty: It is the duty of the permitee to read and familiarize himself or herself with the permit provisions upon receipt. Undertaking of the permit move is deemed prima facie evidence of acceptance of the permit and that:
      1.   The permittee is in compliance with all operation requirements;
      2.   All dimensions and weight limitations specified in the permit will not be exceeded;
      3.   All operation, registration, and license requirements have been complied with;
      4.   All financial responsibilities, obligations, and other legal requirements have been met; and,
      5.   The permittee assumes all responsibility for the injury or damage to persons or to public or private property, including his or her own, to the object being transported, caused directly or indirectly by the transportation or movement of vehicles and objects authorized under the permit. He or she agrees to hold the village harmless from all suits, claims, damages, or proceedings of any kind and to indemnify the village for any claim it may be required to pay arising from the movement.
      6.   The permit shall be carried in the vehicle to which the permit applies at all times while operating on streets within the village and shall be exhibited upon demand to any law enforcement officer, police officer, or other authorized official of the village. (Ord. 2019-12-03B, 12-3-2019)