ALTA/ACSM Zoning standards
Please help me to formulate a more polite response to the lender’s attorney’s latest request for yet another revision to this land title survey that has been completed multiple times since June.
I am at an impasse.
For reasons that the lender's continued insistent upon changes on their requirements to change the survey, I must insist that your fee will increase $5k for each change.
Perhaps your attorney could talk with the Title company and the buyer and decide exCtly what requirements are acceptable to finalize the closing.
Attempting to show building setbacks in a commercial zone is a fool's errand. They aren't a single fixed distance because they typically involve a lot of variables which depend on the design.
Interpretation of Zoning Code is a task for a planning professional. As a Professional Surveyor I consider such interpretation as being outside of my core competency. The 2016 ALTA/NSPS Standard ,Table A, Item 7b requires that the surveyor show setback requirements only if clearly set out in a zoning report, supplied by others, if such requirements do not require interpretation by the surveyor. As the zoning report in this case does require such interpretation I cannot show setback requirements on my map.
The setback requirement in this case is not a simple number. It is a function of multiple factors, many of which may be subjective. The applicable zoning code is 641 pages long. No surveyor who is not also a Professional Planner is competent to determine the setback requirement. Indeed even a professional planner would be well challenged as the code has enough ambiguities to allow most any setback the city planning department might choose to allow in the individual case at hand.
I have supplied a map in full compliance with the the 2016 ALTA/NSPS Standard including the requested Table A optional items as contracted. If you wish to pursue this setback issue further we need to bring in a professional planner. I am willing to pursue this for you, but consider such matters outside of the scope of originally contracted services, and would charge on a time and materials basis at my common rates. I will need approval from my client, in writing, to continue.
Bradley Ott, PLS
What they said.
This won't help on this particular project, but perhaps for the future: my ALTA proposals state that I will address one set of comments, after that it's a new survey, and any comments contrary to the judgment of the PLS won't be accommodated. It has cut down on the "ALTA that won't die" syndrome for sure.