Exceptions to Section 911.02 shall be permitted only in the following cases and subject to the following requirements:
(a) In cases where utilities are unavailable, septic tanks will be permitted subject to the approval of the County Board of Health after recommendation for the same by the Mayor based on the lack of probability that utilities will be constructed (as provided in the Subdivision Regulations) in accordance with the rules and regulations governing the Board of Health of Cuyahoga County.
(b) In cases where utilities are not available in the street upon which such property fronts but in adjoining streets to which connection is desired, application shall be made to the Planning Commission who shall authorize such connection upon compliance with the following requirements:
(1) That there is no improvement with the desired utility contemplated in the immediate future or by present Council action or by the circulation of a petition of abutting owners petitioning for such improvement.
(2) That the applicant execute a covenant running with the land, in form approved by the Law Director, guaranteeing the cooperation of the applicant in any future proceeding for the construction of such utility and relieving the City from any claim for damages by reason of the failure of such utility to properly function or if it be necessary to discontinue such applicant's use of such utility in the future for any reason.
(3) That the applicant pay a minimum fee of two hundred dollars ($200.00) plus twenty-five dollars ($25.00) for each additional utility connection if more than one is required, to the Finance Director, which shall be paid into the Bond Retirement Fund.
(Ord. 210-1956. Passed 12-10-56.)