The new ALTA standards have an optional item for zoning, item number 6.?ÿ It says the surveyor is to be provided with a letter that spells out the zoning, setbacks etc.?ÿ?ÿ Who usually provides this letter??ÿ A zoning official, the title company??ÿ Who requests the letter??ÿ This has come up a few times and it seems everyone thinks its the surveyors job to take care of this.
Simply refer them to the Dictionary.
Provided
"to supply or make available (something wanted or needed)?ÿ?ÿ"?ÿ?ÿ?ÿ?ÿ?ÿ?ÿ?ÿ?ÿ?ÿ?ÿ?ÿ?ÿ?ÿ?ÿ?ÿ?ÿ?ÿ?ÿ?ÿ
The second I see that box checked there is an email going out that in short says, I will not make an effort to look up zoning information it will have to be provided or else not shown.?ÿ That has seemed to work for me since about 2 weeks later I get a huge zoning report back.?ÿ I'm not a zoning person I only do the surveying.?ÿ?ÿ
Imbrls That would make your client happy as it is technically their responsibility to provide it.
Practically, just make the necessary request, and CC your client.
When confronted with Item 6a or 6b, I ask the client or more specifically their architect to provide the necessary data. I am adamant that the specifics come from outside of my office.?ÿ
But through the wizardry of the internet and its GIS, I verify the "zoning designation" and make a statement on the survey as to it. Hereabouts much of the specifics of the designation like setbacks, building height, floor area are based on specific uses of the property or the building therein. So in addition to stating the zoning designation I add the chapter reference in the municipal code for specifics. I try never to put setback lines on a drawing but rather do so with notations.?ÿ I also make note of what I've observed the current use of the property is; but never do I address future uses with regard to zoning issues. My clients understand why I do what I am doing and that I am not an attorney.?ÿ
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as everyone else has pointed out- make whoever checked that box provide it to you.?ÿ then slap the basic info on there and cite your source.?ÿ
if that isn't an option then explore what local options you have for easily finding it.
for instance, here one can take about 3 minutes in most cases and jump on the city GIS and get that info.?ÿ cut and paste.?ÿ add "Per City of Austin GIS Development Web Map retrieved on 02/27/2018". done.
The new ALTA standards have an optional item for zoning, item number 6.?ÿ It says the surveyor is to be provided with a letter that spells out the zoning, setbacks etc.?ÿ?ÿ Who usually provides this letter??ÿ A zoning official, the title company??ÿ Who requests the letter??ÿ This has come up a few times and it seems everyone thinks its the surveyors job to take care of this.
"New" ALTA Standards? Did I miss something?
The new ALTA standards have an optional item for zoning, item number 6.?ÿ It says the surveyor is to be provided with a letter that spells out the zoning, setbacks etc.?ÿ?ÿ Who usually provides this letter??ÿ A zoning official, the title company??ÿ Who requests the letter??ÿ This has come up a few times and it seems everyone thinks its the surveyors job to take care of this.
"New" ALTA Standards? Did I miss something?
My thought exactly.
Imbrls That would make your client happy as it is technically their responsibility to provide it.
Practically, just make the necessary request, and CC your client.
Yes, we are in agreement?ÿthat is what "to be provided" means. I will only reference Zoning Reports made by others. I have been given wrong and outdated information from Zoning Offices in the past. I will assume no liability in Zoning matters.?ÿ The report will be referenced on the Survey and as much as practical copied and pasted verbatim.
New being the most recent.
We all understand the problem, here is how I handle it. When providing the proposal, I note we aren't responsible for delays caused by the requesting party checking the boxes and then not providing the information, along with not providing a timely title report. I have had lenders send the zoning report, which if you haven't seen them, ?ÿare about 150 pages long, mostly copies from county or city codes. The first few pages have what you need (height restrictions, parking, setbacks, etc.) so I just note the date of the report, from which company, and show their results. If the boxes are checked and I don't get a report, just note it wasn't provided.
I also make note of what I've observed the current use of the property is
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My mentor always cautioned me against doing this.?ÿ His quote: "They could be killing chickens in the back for all I know..."
...If the boxes are checked and I don't get a report, just note it wasn't provided.
I tell the client I will NOT certify to 6 (a or b) without the report. Are you making a statement that it wasn't provided and then still certifying to 6??ÿ
I list all the items checked on Schedule A on the ALTA under the heading Schedule A Items, note that the Zoning report was not provided by the client, and therefore was not addressed. The way I see it, if the attorneys ask why I didn't note?ÿany zoning ?ÿon the ALTA, I tell them to look at the list. It hasn't been a problem so far. If they provide the report I?ÿput the report company, date, and time similar to how the title report is listed.
Imbrls That would make your client happy as it is technically their responsibility to provide it.
Practically, just make the necessary request, and CC your client.
Yes, we are in agreement?ÿthat is what "to be provided" means. I will only reference Zoning Reports made by others. I have been given wrong and outdated information from Zoning Offices in the past. I will assume no liability in Zoning matters.?ÿ The report will be referenced on the Survey and as much as practical copied and pasted verbatim.
I should restate that.
First, few clients understand all that goes into the ALTA, and what we need to prepare one.
They have a list of things, they want to buy insurance, and the underwriters have their requirements.
To expedite the project, and make everyone happy is in Our Best Interests. we want to get it out the door, with the least effort, and with the least lingering problems (liability is only part of that).
Now I could get ornery and push it back in their face. That is almost always my first response (in my head anyway).
But experience has shown that it is counter productive.
If I swing by the planning counter and get confirmation of the latest data, then draw what can be show graphically, note the source (and point to where they can get it) then most of them are happy.
Smallest effort, rapid turn around... more profit and repeat business.
PS: keeping your client informed about milestones helps, both as CYA and for your own records. Do it in writing, on paper... print those emails and drop a copy in the job folder and in the regular postal mail.
