Regarding Table A, Item
6, in the cases where we don’t get zoning reports from our clients, we still
state the zoning classification and the bulk requirements for height and
setback only (not coverage or parking). We qualify these notes stating
that the information is per jurisdictional public information.
In your opinion, based
on your reading of the requirements, if I don’t receive a zoning report, should
I be excluding citing 6a and 6b in my certificate even though I have qualified
where the information comes from?
Response:
In my opinion, that
would be entirely up to you. I see nothing whatsoever wrong with either approach.
Requiring that the
report be provided to the surveyor was a purposeful attempt by both ALTA and
NSPS to move liability for zoning matters off of the surveyor and on to
people/companies who specialize in such work.
If you are willing to
take some of that liability back, I see no reason that you cannot do that (with
an appropriate 'disclaimer' as to where the information came from), although
pursuant to the standards, you do not have to.
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