A.

The placement of a mortgage after the adoption of the ordinance from which this Section derives on a parcel which is a portion of a tract of land that is the subject of a record plan, such mortgaged parcel not conforming to the lot lines on the record plan, shall not be considered a subdivision, provided that the mortgage and any easements or other interests in the remaining lands in the subdivision tract are approved by the Department or are not disapproved by the Department within ten (10) days after they are submitted. The placement of such a mortgage shall in no way change the effect of the record plan on the land.

B.

If such a portion of a tract of land which is the subject of a record plan is sold by virtue of the foreclosure of any such mortgage encumbering that portion, neither the foreclosing mortgagee nor any purchaser at the mortgage foreclosure sale shall be required to obtain a separate subdivision approval. In addition, the sale shall not be considered a subdivision nor shall such a sale in any way change the effect of the record plan on the land. No changes need be made in the record plan because of the existence of the new lot line created by the foreclosure sale, nor will this new lot line be deemed to create any violations of this Code.

C.

For the placement of a mortgage or the occurrence of a foreclosure sale such as described in Subsection A or B, no certificate of occupancy shall be issued for any building or facility constructed on such lands unless the record plan, the drainage plan, and any other requirements of this Code have been complied with in the same manner as would be required if there had been no mortgage or foreclosure sale, including the development of any lands or facilities required in any other part of the subdivision tract.

(Ord. No. 97-172, § 3(ch. 13, § 30.530), 12-31-1997; Ord. No. 10-113, § 1(Exh. A), 1-18-2011)