In all situations where private vehicular access crosses a regulatory floodplain located between the points where the private access leaves a paved, publicly maintained roadway and the end of the private access, the owner of the property requiring the private vehicular access shall:
A. Construct the private vehicular access in such a manner that it is permanent and is over terrain that can be traversed by conventional motor vehicles during a base flood; or
B. Execute and record a covenant, running with the land and enforceable by the county and the district, which contains the following:
1. An acknowledgment that the private vehicular access may be impassable to conventional motor vehicles and emergency vehicles in times of flooding,
2. A hold-harmless provision, holding the county and the district harmless from and against all injuries and damages resulting from traversing or attempting to traverse the private vehicular access during times of flooding, and
3. A provision which either:
a. Requires the covenantor, successors and assigns to erect and maintain a sign(s) in a location(s) and size(s) acceptable to the county the district stating "DO NOT ENTER WHEN FLOODED," or
b. Causes the covenantor or successors and assigns to assume responsibility to notify users of the private vehicular access that it may be impassable in times of flooding, and agree to indemnify and defend the county, the district, their officers, employees, servants and agents, against all claims for injuries to persons or damages to property due to the construction, installation, location, operation, safeguarding, maintenance, repair, and condition of the private vehicular access.
(Ord. 2010-FC5 § 1 (part), 2010; Ord. 2005 FC-2 § 2 (part), 2005; Ord. 1999 FC-1 § 1 (part), 1999; Ord. 1988 FC-2 Art. 13 (C), 1988)