I have been asked to give a proposal on performing an ALTA survey for a local elderly houaing. Part of this proposal includes preparing a zoning report. I have never seen or heard of a zoning report. The buyer of the property is from California and is probably a standard thing. Working in New Hampshire my whole career I have yet to see one. Anybody have info for me on this?
its probably a small report stating what is allowed and or not allowed?
I'd probably ask the RFP guy what he really meant, though.
> Anybody have info for me on this?
1. Call the best land use law firm in the area
2. Ask for a proposal for a zoning report on the property
3. Add 15% on top of their fee in your proposal
4. State in your proposal that ABC Surveying will engage Dewey Cheetum & Howe to prepare a Zoning Report on the subject property.
Q.E.D.
> its probably a small report stating what is allowed and or not allowed?
Around here a Zoning Report for a commercial property transaction is a listing of the applicable regulations, research for any variances or waivers granted, and a legal opinion as to whether the property is in compliance
My typical note:
Zoning classification if indicated for this site is shown only in accordance with 865
IAC 1-12-13(14) which states that zoning ordinance classification references are to be
shown according to documentation provided by the client. Any other zoning use
certifications shall be limited to those facts that can be counted or measured. The zoning
setback requirements are subject to legal interpretation. This surveyor cannot make a
certification on the basis of an interpretation. Therefore the corresponding setback
requirements if indicated are listed per the referenced documentation.
> ...Anybody have info for me on this?
Order one from these guys. Mark up the cost.
:good: - except that the ALTA Standards clearly state that zoning information is to be provided by the lender...
> :good: - except that the ALTA Standards clearly state that zoning information is to be provided by the lender...
True. I learned about them when a lender supplied a report from them to us. Usually, when you tell the client that the report has to come from someone other than yourself the requirement magically goes away.
I had to tell the title company once, that the zoning regs they had were wrong. It pays for everyone to double check.
On most of the ALTA surveys I've done, the lender typically gets a zoning letter from the local planning department (independent of our survey) stating that the property is presently in compliance with all current zoning regulations. It sounds like what they are looking for is somewhat more extensive than this, though.
Emphasis on "legal" as in by an attorney.
The answers here will vary widely by area and experience. While correct in that context it may have nothing to do with the request you just got. Don't lose a job or client and don't get yourself in a legal bind. Ask the client to give you a specific definition.
If the report is to attest to compliance or non-compliance, that is not a matter of survey.
Compliance is either a legal opinion or a determination by a jurisdictional authority.
Unless you're either of the above, stay away from compliance statements.
Thanks everyone. I tend to agree it is more of a job for a legal provider than a surveyor. To me, its not worth a few bucks to crank out something that I have no experience with. To me, it appears it goes beyond a surveyor stamp.
Zoning regs have become so complicated that I refuse to decipher them. You tell me what the regs are for this site, and I'll put them on the plat.
