2. Ordinance on highway accesses

3.10.2 Change in Land-Use or Land-Use Density Any owner or person utilizing an existing access facility in violation of the requirements of this Ordinance because change in land-use or land-use density has occurred shall be notified by the Highway Department and ordered to immediately cease use of said access facility and the County Engineer may place temporary barricades blocking said access facility, Whoever shall use any existing access facility in violation of the requirements of this Ordinance because change in land-use or land-use density has occurred and who continues using the access facility after notification by the Highway Department shall be subject to a fine of $250.00, Each day that the access facility is continued to be used following the notification of the Highway Department shall constitute a separate offense, subject to the above penalties. 3.11 Responsibility for Damage Claims The owner and/or applicant shall indemnify, and save harmless and defend the Highway Department and the County, its officers, agents, and employees against all loss, damage, or expense that it or they may sustain as a result of any suits, actions, or claims of any character brought on account of property damage, injury to or death of any person or persons, including all persons performing any work under the access permit, which may arise in connection with the work to be performed under the access permit. The access permit is not intended by any of the Provisions of any part of the access permit to make the public or any member thereof a third party beneficiary of the Access Permit, or to authorize anyone not a party to the access permit to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the access permit. The duties, obligations. and responsibilities of the parties to the access permit with respect to third parties shall remain as imposed by law. CHAPTER 4 Classification of Access Types and General Requirements An access permit shall be required for the construction of any new access facility or the modification of any existing access facility within the right-of-way of a County Highway when the work is to be done by any person or public agency other than Cass County or when the use of an existing facility is changed. An access permit shall not be required for a public agency when a joint agreement covers the work involved therein or at such times as the County Engineer is exercising statutory supervisory authority, The County Engineer may, upon written request, extend the term of an access permit for such a period 12