ALTA surveys are one of the many surveying options we provide our clients. A subsect of ALTA surveys includes zoning reports. In addition to providing boundary resolutions, lenders generally require a property to follow zoning ordinances and compliance before they issue a loan. Certain states make zoning reports compulsory before a commercial property can be purchased, which includes the state of New Jersey.
In the event that a property becomes legally nonconforming, lenders require a certain damage and reconstruction threshold percentage to minimize the risk to their investment. Zoning liability can be especially critical for longer-term occupants and investors. This is the case if a jurisdiction or zoning law changes or if specific property designation changes.
Due to the changes of zoning codes and commercial real estate development ordinances, a zoning report provides assurance to the stakeholders that the current and future use of the property will comply with local laws, as currently outlined. On top of that, it also protects the property owner against future liabilities based on compliance, municipal, or neighborhood changes.
Executing these reports in a timely manner has become even more important due to new changes in how this information is used for ALTA surveys. The reporting of zoning information on the survey has changed, which is due to an adaptation of minimum standard detail requirements. This includes zoning classification and zoning setback requirements from the Table A Optional Survey Responsibilities and Specification items.
Sometimes zoning classifications are included in an ALTA survey. The surveyor will list the current zoning classification, the height and floor space area restrictions, parking requirements and setback requirements on the face of the survey. In order for us to do this, we need a zoning report or a zoning letter from the client. In the past, it was left open to interpretation where this information came from. When zoning setback requirements are included in an ALTA survey, we will graphically depict the building setback requirements. If the zoning setback requirements are provided in a zoning report or letter provided to us by the client then those requirements do not require an interpretation.
ALTA surveys are often ordered together with zoning reports. Getting all of this information from the same trusted, knowledgeable team provides meticulous, streamlined due diligence assessments, while avoiding delays and unnecessary additional costs along the way. That is the Arek Surveying way!
New ALTA survey requirements provide zoning information and have actually become less restrictive. The most comprehensive type of report is a commercial zoning report, which is something entirely different from a land survey. The overall intent for a zoning report is to relieve the surveyor of not having to provide the client with zoning advice. However, detailed zoning information is essential for any acquisition or land development project and should be as accurate as possible. A detailed zoning report not only conveys important information relating to land use and adherence to municipal codes, but lenders often require them prior to provide financing for an acquisition or new development.
Another reason for its importance is the reluctance of relying on public records for the compliance status for existing structures, which can be risky. There is no assurance that all the improvements have been entitled or are conforming when you are dealing with public records. Zoning is a specialized field of expertise and only land use attorneys or consultants who specialize in land use are qualified to produce a commercial zoning report.
Assessing zoning for new projects can be difficult since municipalities continually update their codes. On top of that, many districts around the country are now included in special overlay districts that include density bonuses, use restrictions and special requirements relating to parking, mass transit and other ancillary requirements.
If a client provides zoning information to a surveyor, then it must be included in a certain section of the report. The zoning information for zoning classifications denotes essential zoning information. This important information includes the following:
When it comes to zoning setback requirements, a surveyor must graphically depict any setback requirements that relate to the zoning report but only if a third-party zoning expert provides it. In times where there is a non-conforming use, lenders will generally require a damage threshold that limits their exposure with regard to reconstructing or eliminating the project elements. This is to bring a property into conforming use status.
For many owners and lenders the idea of legal action is the single greatest risk involved with any sort of commercial or residential transaction. Mitigating risk through a meticulously prepared zoning report is highly advisable when it comes to preparing an ALTA land title report. Arek Surveying provides customers with meticulously detailed ALTA land title surveys. We can advise you about what you need to know about zoning for your acquisition, along with other pertinent issues relating to performing a survey tailored to your specific needs. For more information or to schedule a meeting, please contact us today.
Our ALTA Surveying services are available in all New York and New Jersey Counties: Brooklyn, Bronx, Queens, Manhattan, Westchester, Yonkers, Richmond, Long Island - including Suffolk & Nassau County, Rockland, Bergen, Essex, etc.
