Novdec 2016 final

November/December 2016 The exclusive magazine of MBIA

THE 2016 REMODELERS AWARDS OF EXCELLENCE The After Effect

10

MBIA’S 2016 ACCOMPLISHMENTS

20

THE FUNDAMENTAL PRINCIPLES OF LAND DEVELOPMENT

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IN THIS ISSUE

12

FEATURES

10

MBIA’S 2016 ACCOMPLISHMENTS The Highlights

12

COVER FEATURE

THE 2016 REMODELERS AWARDS OF EXCELLENCE The After Effect

20 IN EVERY ISSUE 2

EVENTS CALENDAR

34 NEW PRODUCT SPOTLIGHT

4

PRESIDENT’S MESSAGE

36 NEW MEMBER SHOWCASE

6

CEO’S MESSAGE

38 NEW MEMBERS

8

LEGAL BRIEF

39 ADVERTISER INDEX

30 ENGINEER’S TOOLBOX 32 STATS & FACTS

40 STARS CLUB

THE FUNDAMENTAL PRINCIPLES OF LAND DEVELOPMENT A How-to for Creating Buildable Lots

24

MAINSTREAM GREEN NGBS Green Program Poised for Growth

28

SHORE GOLF CLASSIC Sun, Fun & Fairways at MACO

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EVENTS CALENDAR

NOVEMBER Prince George’s Chapter Networking Event EDITOR

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*Changes in dates and locations of events listed on our calendar do occur. Please visit www.marylandbuilders.org for the latest information.

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BUILD Maryland is published bimonthly by MBIA—the Maryland Building Industry Association, 11825 West Market Place, Fulton, MD 20759. The statements and opinions expressed herein are those of the individual authors and do not necessarily represent the views of MBIA. The publisher reserves the right to accept or reject any editorial or advertising matter at its discretion. The publisher is not responsible for claims made by advertisers. POSTMASTER: Send change of address to MBIA, 11825 West Market Place, Fulton, MD 20759, USA. © 2016 MBIA. All rights reserved.

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PRESIDENT’S MESSAGE

The exclusive magazine of MBIA

HOW ELSE TO SUM UP THE YEAR OTHER THAN – THANKFUL!

W

e find ourselves at the end of another year. The good news is we have all survived. We don’t know what the future holds for us, as the impact of the election is not yet entirely clear.

One thing I can say with certainty is that our association and our industry are on solid foundations. When we initially entered into merger discussions between MNCBIA and HBAM several years ago, the two driving motivations were to create a stronger building industry association and to improve our advocacy efforts. I am happy to say that at the end of two full years, we have been successful. Our membership is up, our members are more engaged than ever, and we have spoken with a unified voice at the State and county levels.

I first must give thanks to and recognize the extraordinary efforts of our hard working and dedicated MBIA team. Lori and her staff worked tirelessly throughout the year on our behalf. I cannot express enough how fortunate we are to be a part of this team. Our members are much better off thanks to their efforts. Similarly, our entire industry is stronger and better positioned thanks to their work.

I also want to thank our Board of Directors, our Executive Committee and our Committee, Council and Chapter chairs for their support throughout the past year.

There are too many people who have done so much to thank each one individually.

Suffice to say, these dedicated members have volunteered thousands of hours of their time to strengthen our industry, our association and each individual member. We are all better off for these efforts.

Since last summer, I have challenged our Board of Directors and our Executive Committee to spend time focusing on Why we do what we do, as opposed to What we do. Focusing on the “Why” helps us to identify how we can best serve our membership.

As an organization, we want to educate the public that home building is an honorable profession, providing one of life’s basic necessities. We all have someplace we call home.

Those homes were built by one of us. We do this because we care. We care about our homeowners. We care about our employees and trades. We care about creating strong communities. A strong Association helps us create these homes and communities.

Personally, my motivations for being active in the MBIA are to make our industry stronger and more vibrant. Previous leaders in our industry showed me long ago that giving back to the industry is not only the right thing to do – it is also very satisfying. I can honestly say that I have been enriched far more than I can describe in a short message.

Simply stated, I am very thankful.

Wishing you and Your families DAVID LUNDEN best wishes for a healthy and happy President, MBIA holiday season!

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2016 MBIA LEADERSHIP EXECUTIVE COMMITTEE President, David Lunden 1st Vice President, Steve Breeden Vice President Advocacy/ State, Mike McCann Vice President Advocacy/ Washington Market, Hillary Colt Vice President Advocacy/ Baltimore Market, Steve Smith Vice President Advocacy/ Eastern Shore, Jeff Caruso Vice President, Associates, Peggy White Treasurer, Kimberly Palmisano Secretary, Mike Schueler Life Director, Mark Bennett Immediate Past President, Tom Baum Legal Counsel, Jack Orrick

CHAPTER PRESIDENTS Advocacy/Anne Arundel County, Jim Krapf Advocacy/Baltimore City, Sean Davis Advocacy/Baltimore County, David Murphy Advocacy/Carroll County, Jim Mathias Advocacy/Charles County, Doug Meeker Advocacy/Eastern Shore, Bob Purcell Advocacy/Howard County, Jamie Fraser Advocacy/Montgomery County, Raquel Montenegro Advocacy/Prince George’s County, Ken Dunn Advocacy/Southern Maryland, Tom Thomas Advocacy/Upper Chesapeake, Michael Charlton Advocacy/Washington DC, Stephen Alfandre

COUNCIL CHAIRS Builder Mart, Joe Fleury Custom Builders Council, Larry Cafritz Green Building Council, Tom Marsten Land Development Council, Sandy Marenberg Multifamily Housing Council, vacant Professional Women in Building Council, Maggie Witherup Remodelers Council, Joe Smith Sales & Marketing Council, Pete Baxter

MEMBERS AT LARGE Brian Afnan Tim Ellis Miti Figueredo Mark MacFarland Timothy Morris

Cindy Plackmeyer Dusty Rood Steve Rubin Robert Spalding Alex Villegas

SUBSIDIARIES Builders Development Guaranty Group/President, Scott Nicholson Home Builders Care Foundation/President, Chris Rachuba PUBLISHER Lori Graf, CEO lgraf@marylandbuilders.org EDITOR Kelly H. Grudziecki Director, Internal Communications kgrudziecki@ marylandbuilders.org

ADVERTISING Chris Baughan Sales Manager cbaughan@marylandbuilders.org DESIGN The YGS Group Creative Director, Serena L. Spiezio Graphic Designer, Zon Buckley Account Manager, Tamara Smith

Maryland Building Industry Association 11825 W. Market Place Fulton, MD 20759 Ph: 301-776-MBIA www.marylandbuilders.org Info@marylandbuilders.org

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CEO MESSAGE

ALWAYS STRIVING

T

he Association has achieved so much since the merger and the establishment of MBIA in 2014, and we’re not slowing down anytime soon. It’s been more than two years now and we’re still striving to make ourselves better.

Just recently, MBIA was been approved to provide Certificates of Guaranty to Howard County through our Development Guaranty Group of Southern Maryland, Inc. This program provides an alternative to conventional bonding exclusively for MBIA members. This announcement was years in the making. First, we had to be approved by the State of Maryland and then work our way through the Howard County system to gain approval there. Our staff and our members never let it go and now we are proud to offer this exclusive service that provides a competitive fee structure and has modest collateral security requirements.

Not only are we busy offering new services, we are re-working old ones, too. After carefully considering the value of our members’ time and the importance and prestige of our awards, we combined the Leadership Awards from the Winter Ball, the Land Development Awards of Excellence and the MBIA election into one extraordinary event. We called it the Maryland Building Industry Association Awards of Excellence. We held the event in November and the room was filled with distinguished members of our industry. You can find photos from the successful night where we proudly presented our most revered awards, in the next issue of BUILD Maryland.

Our biggest event of the year, Builder Mart, is also ever-evolving. The planning meetings begin soon after the show closes down each year. We have a wrap-up session and start talking about what worked well and what aspects of the show could be better. As a result of all of that work, you can expect a fantastic show coming up with the innovative theme of everyday heroes. We even created a special “Builder Mart Man” character for the show. You can see our president, Dave Lunden, taking on the role in the photo to the left. I hope to see you there on March 22, 2017 at the Maryland State Fairgrounds.

As we had hoped, the merger that formed MBIA back in 2014 turned us into a bigger, stronger, more influential organization. Henry Ford said, “Coming together is a beginning; keeping together is progress; working together is success.” We are achieving success and we will continue to focus on serving our membership in areas like leadership, long-term financial strength, evolving business strategies, a strong brand, member-based services and more. Is there a service you think we should be providing, an event you think could be improved or a class you want us to offer? Let us know. Together we achieve more and you get more of what you really want.

I’d like to thank the membership, our leadership and my staff for making MBIA what it is today and for continuing to strive to make it even better.

LORI GRAF CEO, MBIA

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November/December 16

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LEGAL BRIEF

PROPERTY OWNERS WIN BIG IN SUPREME COURT WETLANDS CASE

BY SARA MOGHARABI, BEN APPLE, AND GUS BAUMAN, BEVERIDGE & DIAMOND P.C.

For the second time in just four years, the Supreme Court has expanded the list of Clean Water Act (CWA) actions immediately reviewable by the courts under the Administrative Procedure Act (APA). In 2012, a unanimous Court held in Sackett v. EPA that a U.S. Environmental Protection Agency (EPA) administrative compliance order, in which EPA determined a landowner had violated the CWA by filling wetlands, was “final agency action” and thus subject to immediate judicial review.

Then, on March 30, 2016, the Court heard argument on an arguably bigger question in United States Army Corps of Engineers v. Hawkes Co.: Are “jurisdictional determinations” (JDs)— decisions by the U.S. Army Corps of Engineers (Corps) regarding whether waters on a property fall under federal jurisdiction—“final agency action” and thus also immediately reviewable in federal court?

In a ruling that closely tracked a wild oral argument, the Court unanimously held on May 31, 2016 that a JD is “final agency action.” The Justices in an emphatic ruling have thus reversed decades of Corps (and EPA) practices that thwarted landowners from seeking judicial review of those very practices in the first instance.

BACKGROUND The Hawkes Co. wishes to mine peat on wetlands in Minnesota, but under section 404 of the CWA, it cannot do so without a dredge or fill permit from the Corps if the wetlands constitute “navigable waters of the United States.” Hawkes’ dilemma stems from the confusion that has surrounded the term “navigable waters” since the CWA’s inception. The Supreme Court has repeatedly attempted to clarify that term but has only further muddied the jurisdictional waters. Its most recent effort in Rapanos v. United States (2006) resulted in a fractured opinion and two very different tests for determining which waters are “waters of the United States.” The 2015 attempt by EPA and the Corps

to clarify the scope of navigable waters via their final Clean Water Rule has caused much consternation, and a federal appeals court has stayed the Rule nationwide pending judicial review.

PROCEDURAL HISTORY It is against this backdrop that Hawkes sought a JD from the Corps to settle the status of its wetlands. In 2012, the Corps issued a JD finding jurisdictional waters on Hawkes’ land. In response, Hawkes availed itself of the only remedy available under existing law: an administrative appeal. A Corps officer vacated the JD because the record did not support it, but the Corps issued another positive JD upon reconsideration.

Hawkes sued in federal court, arguing the JD was arbitrary and capricious. Following precedent, the district court held that a JD is not “final agency action” and therefore not reviewable. But the federal appeals court, relying on Sackett, reversed.

The government then appealed to the Supreme Court, arguing that the lower court had turned on its head decades of sound wetlands law.

SUPREME COURT RULING

...unless Congress steps in, the Supreme Court will be forced to play referee between the federal government and landowners to sort out which waters are “navigable waters.”

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While Hawkes was a closer call than Sackett because the legal effects of a JD are less immediate and less overtly coercive than a compliance order, the Court nonetheless returned a unan-

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imous decision in favor of the landowner. The main opinion of the Court, authored by Chief Justice Roberts and joined by Justices Kennedy, Thomas, Breyer, Alito, Sotomayor, and Kagan, essentially adopted Hawkes’ argument that JDs are final and definitive in nature, possessing direct and appreciable legal consequences for regulated parties. The Court emphasized that, by delaying their day in court, property owners face the risk of financial penalties and years of uncertainty.

IMPLICATIONS Under Hawkes, landowners now have the right to quickly and directly challenge in court a finding of federal CWA jurisdiction over their lands.

This will be an important tool as the

8/29/16 1:26 PM

regulated and the regulators alike continue to contest the scope of CWA jurisdiction, both now and under the new Clean Water Rule (if and when it is implemented).

The larger picture painted by Hawkes, along with Sackett and Rapanos, is that unless Congress steps in, the Supreme Court will be forced to play referee between the federal government and landowners to sort out which waters are “navigable waters.” Indeed, Justice Kennedy voiced frustration with the government’s management of the section 404 program during oral argument, musing aloud that the CWA is “arguably unconstitutionally vague,” and he wrote a concurring opinion joined by Justices Alito and Thomas emphasizing that “the reach and systemic conse-

quences of the Clean Water Act remain a cause for concern.”

With a likely Supreme Court appeal on the new Clean Water Rule looming on the horizon, and with apparent agreement by at least three of the four Justices necessary to grant a request to hear a case, the Court may soon get another bite at the wetlands apple. Stay tuned.

Sara Mogharabi and Ben Apple are associates and Gus Bauman is of counsel at the environmental law firm of Beveridge & Diamond P.C. Mr. Bauman has appeared before the Supreme Court in two of its four wetlands cases, and the Court has cited his writings in several cases.

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MBIA’S 2016 ACCOMPLISHMENTSTHE HIGHLIGHTS Your MBIA celebrated its second anniversary on September 1, and year two was a great one. Our membership team led the charge for two membership drives helping to expand our ranks, our events team managed over 100 networking opportunities, special events and awards programs, our communications teamed produced an award winning magazine and grew its legion of followers throughout the world of social media, our advocacy team racked up a number of wins for the industry and our charitable arm, Home Builders Care Foundation, assisted thousands of our neighbors in need. Here are just a few highlights.

STRENGTH IN NUMBERS An association is only as strong as its members and 2016 saw us strengthening and expanding our membership. In all, we welcomed 119 new members. In fact, our membership team helped MBIA finish as a big winner in the National Association of Home Builders membership drive competition with over 450 other HBAs participating, coming in second in the 700 to 999 association size category with 62 new members. At press time we were in the middle of our Fall drive, and hoping for a repeat performance.

AN EVENT LIKE NO OTHER With over 100 events and more than 200 chapter and committee meetings, our events team managed a jam packed schedule throughout 2016, culminating in our crowning achievement, BUILDER MART. This year marked the 46th year of this one-day trade show and it was a huge success, with nearly 3,000 attendees and more than 300 exhibit booths. If you missed it, save the date for our 2017 Builder Mart on March 22.

IN RECOGNITION Our members do great work and we love to recognize them with awards throughout the year. From excellence in new home construction to outstanding performance in sales and marketing to lifetime achievement, there was something for everyone in 2016. November saw the debut of our MBIA Awards of Excellence, which combined the Leadership Awards from the Winter Gala and the Land Development Council Awards to create one star studded evening of distinguished members from our industry. In total, we doled out 181 awards throughout 2016 to very deserving winners.

LINES OF COMMUNICATION MBIA was proud to announce that in its second year of publication, BUILD Maryland, was awarded Best Publication in NAHB’s Association Excellence Awards and continues to be an indispensable tool for members. Speaking of tools, the MBIA has taken social media by storm and has gained hundreds of fans and followers on multiple platforms including Facebook, Twitter, LinkedIn, Pinterest, Instagram, Houzz and YouTube. In addition, our website traffic continued to grow on a daily basis.

WE GUARANTEE In September, MBIA was approved to provide Certificates of Guaranty to Howard County through our Development Guaranty Group of Southern Maryland, Inc. This program provides an alternative to conventional bonding exclusively for MBIA members and provides a competitive fee structure with modest collateral security requirements.

UNDER THE INFLUENCE Our dedicated government relations team works hard to ensure the industry’s best interests are represented. We had success in all of our counties and at the state level. Here are just a few of our top achievements.

In Anne Arundel County, thanks to our members hard work, January saw the County Council pass County Executive Schuh’s bill to lower capital facility connection fees roughly 30

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July /August 2016 The exclusive magazine of MBIA

n ti o RD cia so AWA As ’s CE HB LEN A N EL C EX

RION NLIECAT N I UB

P W ST

BE

2016 CUSTOM BUILDER AWARDS Drama and Design

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GAMBLING ON CASINO NIGHT

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MYSTERY OF SURVEYING PART 3

datory exclusive review of certain permits by the Department and not by the Maryland–National Capital Park and Planning Commission or a unit of the Commission.

The MBIA also blocked a bill that would have repealed certain provisions of law establishing the appointment procedures for a member of the Maryland–National Capital Park and Planning Commission. The Prince George’s County Council would have had the ability to appoint all five commissioners. Those appointees selected would then be subject to the approval of the County Executive.

At the State level we worked with the Maryland Department of Environment to propose a repeal of the “Best Available Technology” (BAT) septic system requirement for new and existing systems outside of the Critical Area. We also helped persuade the Maryland Department of the Environment to withdraw proposed regulations for Accreditation and Training for Lead Paint Abatement Services that would have applied to those already accredited under the EPA’s Lead-Based Paint Renovation, Repair and Painting Rule program.

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HBCF’S 4TH ANNUAL BULL & OYSTER ROAST

percent. This was the single largest fee decrease in Anne Arundel County history and represents a major success for this chapter.

In Baltimore City, the City Council Land Use and Transportation Committee completed voting on amendments to Transform’s text and tables. During the amendment process, the MBIA protected the vast majority of “permitted” uses in all areas of the City, including for residential development, in the use tables and continues to represent the industry at every voting session to protect the significant gains made in crafting the new zoning code.

In Baltimore County, MBIA’s Chapter opposed and successfully halted legislation that would have required all property owners to accept Section 8 rental vouchers. This was a major victory for MBIA’s burgeoning multi-family membership.

In Prince George’s County, MBIA testified and successfully derailed a bill (anti-Zimmer bill) that would have provided for the review of certain zoning matters by the District Council in Prince George’s County in a certain manner; providing that certain authority of the County Planning Board over certain zoning matters in the portion of the regional district located in Prince George’s County is not exclusive and is subject to review and final decision by the District Council in certain manners.

In addition, we thwarted a bill that would have consolidated the review of certain permits for land use within the County in the Prince George’s County Department of Permits, Inspections, and Enforcement; providing for man-

CARING FOR COMMUNITY In 2016, our Home Builders Care Foundation undertook six shelter projects that provided 76 shelter units to individuals and family members in crisis. HBCF also conducted four outreach projects that provided benefit to an additional 500 individuals.

The total project value of services in 2016 was $200K. IT’S WRITTEN IN THE STARS Our STARS club makes it possible for MBIA to provide better services, to strengthen our advocacy efforts and to continue to hold special events. Many thanks to our 2016 STARS members who generously contributed over $180,000 to this important program.

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Owings Brothers Contracting | River Downs | Finksburg, MD

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The After Effect Remodelers were awarded top honors for their design and craftsmanship at MBIA’s 2016 Remodelers Awards of Excellence on November 3 at Historic Savage Mill in Savage, MD. A diverse judging team made up of remodeling contractors and interior designers rated each project based on quality of construction, degree of difficulty, value and cost effectiveness, unique and creative design approach and sensitivity to the existing structure.

In this competitive market, these winners are shining examples of the talent our area has to offer.

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Award of Excellence Whole house $400,000 and above Richstone Homes and Remodeling Wood Valley Wonder Pikesville, MD

Award of Excellence

Whole house $200,000-$400,000 Plumb Construction Co., Inc. Phoenix Project Phoenix, MD

Award of Excellence Outdoor Living $500,000 and above DACG Design Build Baltimore, MD

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Award of Excellence

Outdoor Living $70,000-$150,000 Starcom Design/Build Gainer Outdoor Living Ellicott City, MD

Award of Excellence

Outdoor Living $20,000-$50,000 T.W. Ellis, LLC Dwyer Outdoor Space Baltimore, MD

Silver Award

Outdoor Living $20,000-$50,000 Bluehouse Architecture, LLC Ellicott City Screened Porch Ellicott City, MD

Award of Excellence

Kitchen Remodel $200,000 and above Delbert Adams Construction Group LLC Sundrenched Classic Kitchen Baltimore, MD

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Award of Excellence

Kitchen Remodel $125,000-$150,000 Sunnyfields/Delbert Adams Design Simple Classic Kitchen Timonium, MD

Award of Excellence

Kitchen Remodel $90,000-$125,000 Owings Brothers Contracting, Inc. Charlcote Road Kitchen Baltimore, MD

Silver Award

Kitchen Remodel $90,000-$125,000 Delbert Adams Construction Group LLC Front and Center Kitchen Baltimore, MD

Award of Excellence

Kitchen Remodel $50,000-$90,000 O’Hanlon Kitchens, Inc. Carlisle Kitchen Carlisle, PA

Silver Award

Kitchen Remodel $50,000-$90,000 Owings Brothers Contracting, Inc. Oella Kitchen Ellicott City, MD

Award of Excellence

Interior Remodel $200,000 and above Owings Brothers Contracting, Inc. River Downs Interior Finksburg, MD

Award of Excellence

Interior Remodel $70,000-$180,000 T.W. Ellis, LLC McLaggan Interior Baltimore, MD

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Silver Award

Interior Remodel $70,000-$180,000 Richstone Homes and Remodeling Topping Road Remodel Pikesville, MD

Award of Excellence

Exterior Remodel $250,000-$400,000 Owings Brothers Contracting, Inc. River Road Exterior Sykesville, MD

Our long standing land planning expertise enables us to infuse past experience and lessons learning into every project Award of Excellence

Bathroom Remodel $80,000-$100,000 Delbert Adams Construction Group, LLC Fresh White Master Bath Towson, MD

A national firm with a local presence Baltimore • Frederick • Lanham • Rockville www.dewberry.com

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Silver Award

Bathroom Remodel $80,000-$100,000 Owings Brothers Contracting, Inc. Barberry Master Bath Sykesville, MD

Award of Excellence

Bathroom Remodel $50,000-$80,000 Starcom Design/Build Pierre Master Bath Ellicott City, MD

Silver Award

Bathroom Remodel $50,000-$80,000 Bluehouse Architecture, LLC Master Bathroom Renovation Ellicott City, MD

Award of Excellence

Bathroom Remodel $25,000-$50,000 (Kohler Remodel) Bluehouse Architecture, LLC Highland Bath Retreat Highland, MD

Silver Award

Bathroom Remodel $25,000-$50,000 Starcom Design/Build Molinaro Master Bath Ellicott City, MD

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Award of Excellence

Commercial $300,000-$500,000 Delbert Adams Commercial Sunnyfields Cabinetry Baltimore, MD

Award of Excellence

Historic Renovation $250,000-$400,000 Mueller Homes/ Bluehouse Architecture, LLC 7526 Historic Main Street Sykesville, MD

Award of Excellence

Specialty/Other $25,000 and above Richstone Homes and Remodeling Wood Valley Wine Cellar Pikesville, MD

marylandbuilders.org

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A MULTIPART SERIES

DE

T EN ND PM LAVELO

L A F T O N E S E M L A P D I C N FURIN P

E TH

BY DAVID S. THALER, P.E., L.S., F., ASCE, F., NSPE & PEGGY M. WHITE, PE, LEED AP, CGP, D.S. THALER & ASSOCIATES, INC. INTRODUCTION The homebuilding industry seems to be slowly awakening from its seven year slumber. New home sales are up, interest rates are low, employment is strengthening and it seems that the millennials are finally seeking more traditional housing choices. As their generation of approximately 82 million, begins to buy homes, there may likely be a coming boom in homebuilding. That boom, however, will surely be constrained by a shortage of buildable lots, as the process of creating lots in most of central Maryland, is a long and convoluted one. Indeed, the limited supply of lots is likely to be one of the major issues impeding the growth of the homebuilding industry in the near future.

This series is intended to be a basic how-to for the creation of buildable lots. It is a companion to the land development courses presented by MBIA’s Land Development Council every spring. The first article in the series concerns zoning; arguable

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the most important of the many legal elements affecting the development of land.

THE BASICS OF ZONING Although sometimes it feels as if it has been around forever, 2016 marks the 100th anniversary of the New York City zoning ordinance, the country’s first. Zoning appeared rather suddenly in the early 20th century with very few precedents. It was the result of a convergence of several factors. The advent of steel frame construction and the safety elevator allowed for the construction of skyscrapers, and the Manhattan Fifth Avenue merchants were seeking a way to stop the northward expansion of garment district warehouses. Also, the rise of the Progressive Movement in the early 20th century, which sought to improve working and living conditions for Americans, set the stage for the creation of zoning.

Just east of Cleveland is the small village of Euclid, OH, which in the 1920s was experiencing rapid industrialization and hoped to maintain itself as a residential haven. In 1922, it adopted a zoning ordinance modeled closely on New York City’s. Euclid’s ordinance was the first zoning ordinance to be reviewed by the United States Supreme Court and somewhat surprisingly, it was upheld as a constitutional exercise of the police power and not an unconstitutional taking.

The original Euclid ordinance divided the village into six use districts, U1 through U6: U1 permitted single family homes, U2 permitted two-family homes plus everything in U1; U3 permitted apartments plus the uses permitted in U1 and U2; U4 permitted retail plus the uses in U1-U3 and so on. This is the model that has been followed by most American jurisdictions and has come to be known as Euclidean zoning wherein a use must be specifically permitted or otherwise is prohibited.

Home Rule Chartered counties in Maryland receive their basic zoning authority from Article XI-A of the Maryland Constitution. Non-chartered counties are governed by Articles 66B or 25 of the Maryland Code. Generally, the act of zoning is either comprehensive or piece-meal. Comprehensive zoning is usually initiated by local government and covers a large area, often the entire jurisdiction. Piece-meal zoning, sometimes called “petition zoning,” covers individual parcels or assemblages and is usually initiated by a property owner or contract purchaser. Comprehensive zoning (which in Baltimore County occurs every four years and less

In 1915 General Thomas Coleman Du Pont constructed the Equitable Building at 120 Broadway in lower Manhattan. Containing nearly 1.2 million sq. ft., rising 42 stories and housing 13,000 workers, it was mind-boggling for its time. As the New York Times put it, “It was … the biggest, baddest, light-blockingest, street-congestingest space-hog ever to touch down on Manhattan bedrock.” It cast an enormous shadow over nearby buildings and set off hysterical fears of what would happen should a fire disgorge its thousands of occupants onto the narrow Manhattan streets.

In response, New York City created a Height of Buildings Commission and the solution was the creation in 1916 of the country’s first zoning ordinance.

Zoning spread rapidly across the country and within a few years enabling ordinances had been adopted by 20 states.

Baltimore City enacted zoning in 1929 and today zoning has been adopted by almost all jurisdictions with the notable exception of Houston.

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frequently in most other jurisdictions) is a legislative act.

Usually anyone can petition to change a zoning classification. As part of the comprehensive process, there are public hearings and recommendations first by staff and then by, in the case of Baltimore County, the Planning Board with final adoption by the County Council.

The zoning enactments of the legislative body enjoy a strong presumption of correctness and the zoning can generally only be changed by the zoning authority by the adoption of subsequent comprehensive rezoning or in the case of a piece-meal zoning application, a finding that there was a mistake in the prior comprehensive zoning or evidence that there has been a substantial change in the character of the neighborhood. (The requirement of a “change or mistake” is known as the “Maryland Rule” everywhere around the country except in Maryland.) In order for there to be a piece-meal zoning change, there must be evidence of a significant change in the neighborhood surrounding the property in question since the last comprehensive rezoning or a mistake, and “mistake” in the context of zoning does not mean a mistake in judgement.

There must be a factual mistake. For instance, that the assumptions or facts relied upon by the legislative body during the comprehensive zoning were incorrect.

Zoning is a legislative act and is very difficult to overturn by those aggrieved. In most cases, a properly adopted zoning classification will be upheld unless a failure to do so would deprive a property owner of all reasonable economic use of his property.

DENSITY A fundamental element of zoning, of course, is density, which is usually controlled in one of two ways. The most typical way is by a minimum requirement of a lot size. A typical zoning category might be R-40, which would be a single family residential zone requiring a minimum lot size of 40,000 sq. ft. A different approach sometimes called “Density Residential” as in the case of Baltimore County, allows the density to be the gross area of the site multiplied by the permitted density per acre. A DR-2 zone, for instance, allows two units to the acre and a 10 acre site zoned DR-2 would permit 20 units. The units could be placed anywhere over the site without regard to minimum lot sizes but must respect various setbacks and other regulatory requirements.

In the case of non-residential construction, density is usually controlled by Floor Area Ratio (F.A.R.), which is the permitted gross area of the building divided by the area of its lot. For instance, if there were a permitted F.A.R. of 0.5 on a 100,000 sq. ft. lot, a 50,000 sq. ft. building could be built. (In fact, the actual achievable building size on a particular site is often

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limited by required parking and other regulatory requirements instead of F.A.R.) There are generally two basic classes of uses permitted in Euclidean zoning ordinances; those permitted “as of right” and “conditional uses,” sometimes known as “special exceptions.”

SPECIAL EXCEPTIONS Special Exception uses are generally only permitted after satisfying a certain test. In Baltimore County that test is found in Section 502.1 of the Baltimore County Zoning Ordinance which states: Before any special exception may be granted, it must appear that the use for which the special exception is requested will not: • Be detrimental to the health, safety, or general welfare of the locality involved; • Tend to create congestion in roads, streets or alleys therein; • Create a potential hazard from fire, panic or other danger; • Tend to overcrowd land and cause undue concentration of population; • Interfere with adequate provisions for schools, parks, water, sewerage, transportation or other public requirements, conveniences or improvements; • Interfere with adequate light and air; • (The items above are taken almost verbatim from the 1916 New York City ordinance.)

• Be inconsistent with the purposes of the property’s zoning classification nor in any other way inconsistent with the spirit and intent of these Zoning Regulations; • Be inconsistent with the impermeable surface and vegetative retention provisions of these Zoning Regulations; nor • Be detrimental to the environmental and natural resources of the site and vicinity including forests, streams, wetlands, aquifers and floodplains in an R.C.2, R.C.4, R.C.5 or R.C.7 Zone.

In Howard County, such uses are permitted as “Conditional Uses” and must meet a similar set of requirements, which is outlined in Section 131-1 B of the Howard County Zoning Ordinance.

The requirement for a Special Exception in Maryland was articulated by the Court of Appeals in Schultz v. Pritts, 291 Md. 1432 A.2d. 1319 (1981). An applicant for a special exception has the burden for providing testimony that shows his or her proposal meets all the prescribed standards and requirements for special exceptions in that jurisdiction but in order to defeat a special exception use (such as a funeral home in a residential neighborhood in the Schultz v. Pritts case) it must be shown that that particular use at the particular location proposed would have adverse effects “above and beyond those inherently associated with such a spe-

cial exception use irrespective of its location within the zone.”

(Emphasis added.)

VARIANCES To provide flexibility in zoning, it is often possible to obtain a variance from strict compliance of the zoning ordinance.

Variances are governed by the standard outlined by the Court of Appeals in Cromwell v. Ward, 102 Md. App. 691, 651 A.2d. 424 (1995).

The general rule is that variances should be given sparingly and only under unusual circumstances. The first requirement for a variance is that the circumstances with respect to the property in question must be unique. The second requirement is that there be an “unreasonable hardship or practical difficulty.” The hardship must relate to the particular property and cannot be self-created.

In order for there to be a grant of a variance, there must be some condition unique to the property in question, such as shape, configuration or topography wherein there would be an unreasonable hardship or practical difficulty if strict compliance with the ordinance would be required.

Look for the next article in the series discussing subdivision and development processing in the January/February 2017 issue of BUILD Maryland.

David S. Thaler, PE, LS, F., ASCE, F., NSPE is the President of D.S. Thaler & Associates, Inc., a civil and environmental engineering and surveying firm in Baltimore, MD, which has designed hundreds of communities. Repeatedly honored, he is a Fellow of both the American Society of Civil Engineers and the National Society of Professional Engineers, and is Guest Scholar at the University of Baltimore School of Law, where he lectures on land use. He has published more than 250 articles and five books, and has won numerous life time achievement awards including Icon of the Industry.

He also holds both the highest professional engineering award in Maryland, now known as the Thaler Prize, and the Maryland Distinguished Service Cross, Maryland’s highest military honor.

Peggy M. White, PE, LEED AP, CGP, ASCE is the Director of Engineering for D.S. Thaler & Associates, Inc., where she manages all phases of land development design. Previously, Ms. White was the owner of Axiom Engineering design, a woman-owned engineering and land surveying company in Columbia, MD. She has more than 31 years of experience in the areas of land planning, civil engineering design, project engineering and project management and has been involved in a wide variety of commercial, industrial, residential projects, and mixed use projects.

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MAINST GREE The 2015 NGBS Set to Capture the Consumer Demand for Green Homes

BY MICHELLE FOSTER, HOME INNOVATION RESEARCH LABS

S

helton Group’s 2016 Eco Pulse Study reports that 45% of Americans say buying/using eco-friendly products is an important part of their personal image. That is one amazing statistic. For the past four years when the Shelton Group asked that same question, the response held steady at 26%.

This year the number nearly doubled. What does that mean for the residential construction industry? It means green consumer purchasing decisions, from green cleaning products to green homes, are poised to move into the mainstream.

If Shelton Group market research isn’t proof enough, consider the increase in the number of single-family homes and apartments seeking NGBS Green certification. Seven years ago when ANSI approved the first version of the National Green Building Standard ICC-700 (NGBS), residential construction lagged in green certification compared to other real property types such as office space, healthcare facilities and educational and institutional buildings. Fast forward to 2016 and nearly 86,000 homes have been NGBS Green Certified, with an almost equal number of homes in-process for certification. What is particularly impressive is that unlike other green building rating programs, the vast majority of NGBS Green

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certifications are sought by builders not because of a local mandate, but because of the real and perceived value conferred by the NGBS Green certification mark.

So what’s on the ever-greener horizon for builders and developers? Here are the Top three things you need to know about NGBS Green in 2016: 1: 2015 NATIONAL GREEN BUILDING STANDARD ICC/ASHRAE-700 In March 2016, ANSI approved the third edition of the NGBS. Previous NGBS versions were a collaboration between NAHB and the International Code Council (ICC). For the 2015 edition, ASHRAE joined in its development, making the NGBS the only residential green building standard to carry the triple designation as an American National Standard, an ICC building code and an ASHRAE standard. The NGBS is also recognized as an alternative compliance path for the International green Construction Code (IgCC) and consequently can be used by projects within the City of Baltimore or the District of Columbia where IgCC compliance is mandated.

Higher Energy Efficiency Baseline: The 2015 NGBS has a number of significant revisions and additions in comparison to the previous 2012 edition. First, the energy efficiency baseline of the 2015 NGBS is the 2015 IECC. In recognition of the substantially higher energy efficiency baseline, compliance with the 2015 IECC, plus two additional practices from NGBS Section 705, meets the Bronze certification level. In addition, higher levels of NGBS Green certification (Silver, Gold and Emerald) need slightly reduced energy efficiency increases as compared to the 2012 NGBS. For example, with the 2012 NGBS, projects seeking Silver certification needed to achieve a roughly 15% greater reduction in energy consumption compared to Bronze certification. With the 2015 NGBS, Silver certification requires a building to be approximately 7.5% more energy efficient than the Bronze level. Builders should note that the 2015 NGBS requires Grade I insulation installation. This is a new mandatory practice and buildings that can’t attain Grade I can’t earn NGBS Green certification.

TREAM N At the same time, the 2015 NGBS is smartly aligned with the 2015 IRC and 2015 IBC. This alignment with the 2015 suite of I-codes helps ensure the NGBS remains an above-code green building rating system, while still comprehensively augmenting current building code requirements with state-of-the art green building practices, products and technologies. The 2015 NGBS also includes a number of new notes for multifamily buildings to recognize differences in codes and construction practices between single- and multifamily construction.

Streamlined NGBS Certification Paths for Experienced Energy Efficiency Builders: A second big change is that the 2015 NGBS provides additional certification pathways to encourage experienced builders of energy efficient homes to transition to more comprehensive green, high-performance construction. For example, buildings that seek certification either through the Energy Star for Homes program or the Energy Star for Multifamily High-Rise buildings

can earn NGBS Green certification at the Bronze or Silver level (depending on the Energy Star version they utilize) by accumulating sufficient green practices in the remaining five green building practices categories (Resource Efficiency; Lot Selection; Water Efficiency; Indoor Environmental Quality; and Building Operation and Maintenance). Likewise, the 2015 NGBS includes a new HERS Index Alternative Compliance Path for builders working with a HERS Rater who want to “up their game” and seek NGBS Green certification.

Standard’s Structure Unchanged: Not everything about the 2015 NGBS is new. The overall structure is the same as the 2012 NGBS with Chapter 4 covering certification of land development, Chapters 5–10 for single-family and multifamily new construction, Chapter 11 for whole-building renovation, and Chapter 12 for Functional Area Remodeling (kitchens, bathrooms, basements and additions).

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method of evaluating the environmental impact of construction products, which enables architects, builders and specifiers to complete specifications by comparing one product’s impact against another. EPA’s WaterSense program and certified products have greater recognition in the 2015 NGBS as compared to previous editions; and, similar to its energy efficiency practices, the 2015 NGBS provides points toward certification for practices that drive even greater reductions in water use.

The 2015 NGBS includes two new and notable exemptions.

Condensing clothes dryers are exempt from the mandatory venting requirement for traditional clothes dryers, paving the way for more homes to receive the dual-certification for Passive House and NGBS Green. Likewise, fireplaces within the common areas of multifamily buildings, such as in the lobby area, are exempt from the venting requirement. One last 2015 NGBS revision worth mention is that training of building owners is now mandatory for buildings seeking certification.

2: NEW FINANCING INCENTIVES

Pushing Building Performance with More Choices: The 2015 includes a number of new green practices previously not included in earlier editions. In general, new practices offer projects greater flexibility in attaining NGBS Green certification, while at the same time promoting sustainable products, technologies, practices and policies. For example, in Chapter 5, which covers Lot Design, Preparation, and Development, there are more practices to encourage multi-modal transportation options including bicycle parking, pedestrian connectivity, proximity to transit and electric-vehicle charging.

In the Resource Efficiency Chapter, projects can now earn points for selecting products with an environmental product declaration (EPD). As EPDs become more commonly available, they can be important to provide an independently-verified

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As of April 2016, HUD offers mortgage insurance premium (MIP) rate reductions for Federal Housing Administration (FHA) insured multifamily loans secured by buildings that attain NGBS Green certification. Annual MIP rates are reduced to 25 basis points from current rates, which are typically between 45 and 70 basis points, for multifamily FHA-insured loan types that meet two conditions: • The building must be NGBS Green Certified, or the building must be seeking NGBS Green certification for the building.

• The owner must attest that the building has achieved or will pursue an Energy Score of 75 or better using EPA’s Portfolio Manager.

MIP rate reductions are available for multifamily new construction, renovation, refinance, purchase, or seniors’ housing.

Fannie Mae and Freddie Mac also offer financing solutions for green certified buildings, recognizing these buildings benefit from lower expenses, reduced operations and maintenance costs, and result in a higher quality asset. Financing incentives include interest rate reductions and higher loan proceeds for NGBS Green Certified properties at refinance, acquisition, or supplemental financing.

3: NGBS GREEN PROGRAM POISED FOR STRONGER GROWTH NGBS Green is currently the leading green certification for residential buildings in the United States. Brand recognition continues to grow considerably, keeping pace with the exponential increase in certifications. Because it is solely focused on residential construction, NGBS Green is affordable, flexible, and still the most rigorous green certification available for homes and apartments.

If you are new to the NGBS Green certification program, Home Innovation’s Builder’s Resource Guide is a great starting

Business Insurance Tailored For The Members of MBIA point that provides an overview of the NGBS Green program, process and policies. You should also be sure to connect with an accredited NGBS Green Verifier as early in the process as possible. Check out the “Find a Verifer” page on Home Innovation’s website at www.homeinnovation.com/green. They can be helpful in many ways and only accredited verifiers can register a project for certification – registration is free, but a required first step in the NGBS Green certification process.

There has never been a better time to seek NGBS Green certification for your projects. More and more American consumers are searching for a greener lifestyle, and now NGBS Green offers builders and developers an affordable, yet rigorous certification program to substantiate green claims. Want to know more? Visit www.homeinnovation.com/green.

Michelle Foster manages NGBS Green, the leading green certification for residential buildings in the US, offered by Home Innovation Research Labs. You can usually find Michelle on the road touting the benefits of NGBS Green, but even when traveling she is always available at mfoster@homeinnovation.com or 240-997-8027.

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SHORE GOLF CLASSIC SUN, FUN & FAIRWAYS AT MACO

I

n August, more than 70 MBIA members and friends made their way to Maryland’s Eastern Shore and took on the challenges of the Man O’ War course at Glen Riddle Golf Club in Berlin including double fairways, pot bunkers, sand dunes, and the ever-present eastern shore winds. The tournament was held in conjunction with the Maryland Association of Counties (MACO) summer conference that took place in Ocean City that week.

Each year MACO attracts an estimated 2,000 local government officials, county staff decision-makers, legislators, business representatives, and exhibitors for three days of education, speakers, networking and walking the trade show floor. MBIA’s golf tournament offered our members a nice break from the numerous meetings, government briefings and more than 30 educational sessions.

Many thanks to the golfers who participated and congratulations to the wining team of Kelly Burke and Billy Yerman of Continental Title Group and teammates, Chris Mason and Robert Hobson with a respectable score of 61.

And kudos to the Longest Drive winner, Nick Hoffman

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of Beachwood Inc. and the Closest to the Pin winner, Buzz Hiken of Residential Title We hope you all attend next year to defend your titles.

Later that same day, MBIA held a cocktail reception at Seacrets in Ocean City, which brought out more than 200 people including Governor Larry Hogan, many local government officials and staff for two hours of casual networking.

Neither of these events would have been successful without our sponsors. MBIA gives its sincere thanks to our Gold Sponsors Greenebaum Enterprises, Linowes & Blocher, LLP, Residential Title & Escrow Company, SDC Properties and Whiteford| Taylor|Preston, to our Reception Sponsors Development Design Consultants, Inc., Goodier Builders, Inc., Chevy Chase Land Company, Snee, Lutche, Helmlinger + Spielberger, P.A., Caruso Homes, Inc., Charles P. Johnson & Associates, Gutschick, Little & Weber, P.A., Morris & Ritchie Associates, Inc. and Williamsburg Homes and to our Event Sponsors Geo-Technology Associates, Inc., Baker Development, Capital Railing and John H. Myers & Son, Inc. In addition, MBIA sponsored the Governor’s Cabinet Reception on the closing night of the conference.

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ENGINEER’S TOOLBOX

THE PERILS OF INFILL BUILDING

BY STEPHEN E. CRUM, P.E., MACRIS, HENDRICKS & GLASCOCK, P.A.

Whether it’s a vacant lot in an established neighborhood or an occupied lot in a neighborhood under-going redevelopment; infill building is not without risks from the perspective of the civil engineer. Engaging a civil engineer during your due diligence period cannot be over emphasized.

Beyond the more common elements of zoning, water, sewer and general site conditions found in most due diligence reports, there are some less common, but no less important, considerations that should be examined for an in-fill project.

Land Use and Zoning - The Planning Act of 1972 requires all local jurisdictions with planning and zoning authority, counties, cities and some municipalities, to prepare and periodically update a “comprehensive plan,” which is used to guide the growth and development within the particular jurisdiction. While the recommendations contained within these plans are typically general in nature, in some jurisdictions the recommendations can be quite specific, even to the finite level of individual properties. Ignorance of the recommendations and policies established in these plans can dramatically affect the outcome of an in-fill project. Zoning ordinances are living documents that seem to be constantly changing. Local knowledge and familiarity can be invaluable

...there are some less common, but no less important, considerations that should be examined for an in-fill project.

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in advising and informing a builder of how the comprehensive plan and recent changes to the local zoning may impact an in-fill project.

cut to offset fill or prohibit residential development in floodplains. New FEMA regulations currently out for public comment will likely expand the area of jurisdictional floodplains and increase the elevation to which new structures or additions must be constructed.

Sight Distance and Access - A safe and adequate sight distance from existing or proposed access points may be compromised by reclassification of the road or changes in the immediate vicinity of the access point. Over time, trees, vegetation, and other obstructions may obscure the sight distance; the nature and location of these obstructions will determine what corrective measures will be required to obtain adequate sight distance. A change in the intensity of the use of the in-fill property may also affect the access and sight distance criteria considered safe and adequate. The criteria for adequate sight distance for a single family dwelling may be substantially different than for an in-fill project with multiple dwellings or a commercial use in a residential structure.

Drainage and Stormwater Management - Most, if not all in-fill projects within the State of Maryland will be subject to Environmental Site Design (ESD) to the Maximum Extent Practicable (MEP) as implemented by the local jurisdiction. Local knowledge and experience is invaluable in evaluating how ESD to the MEP may impact an in-fill project. Notwithstanding the stormwater management requirements of ESD; in-fill projects especially may be impacted by the condition of the local drainage system. Will the in-fill project change the current drainage patterns?

Surface drainage onto adjoining private properties must be carefully considered.

Does an established surface drainage course exist and can the run-off from the in-fill project be safely conveyed across the downstream properties?

Floodplains - While the Federal Emergency Management Agency (FEMA) administers the federal program regulating floodplains, the absence of a floodplain delineation on a Flood Insurance Rate Map (FIRM) does not necessarily mean the property is not impacted by a floodplain. Many local jurisdictions have ordinances that are more restrictive than FEMA’s or which map smaller watersheds and delineate more extensive floodplains.

A new structure replacing an existing structure located in a floodplain must typically comply with current regulations.

Some jurisdictions require compensatory

Infrastructure – A significant portion of the existing infrastructure is aging.

Can the existing water main deliver the required flow at an acceptable pressure for a residential sprinkler system or does your budget include a fire pump?

Although you will be installing the latest low flow and water conserving plumbing fixtures; does the existing sewer main receive so much inflow and infiltration that during a heavy rainfall its capacity is exceeded and sewage backs up into the new basement home theater? Is the property even served by Public Water and Sewer? Some older developed properties

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❚ Land Use/Zoning ❚ Condominium Development and Community Associations ❚ Real Estate Transactions ❚ Commercial Settlements ❚ Environmental ❚ Business Transactions ❚ Tax ❚ Litigation

in neighborhoods with water and sewer may still be on well and septic.

These are a few of the issues that may be encountered during the design or construction of an in-fill project, however, if these issues are reviewed by your civil engineer during the due diligence period you’ll have a better understanding of how to budget or choose to move on to the next opportunity and keep your business profitable.

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A Change to Embrace L&B_07152016.indd 1

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Loan Officer Peter A. Brock II Joins the Embrace Home Loans Team Embrace Home Loans is pleased to announce that Peter A. Brock II has joined the Rhode Island based direct lender as a Loan Officer at the company’s Rockville, Maryland branch. Peter has a wide ranging knowledge of the mortgage industry having done everything from loan origination to real estate objective planning, Business Development, as well as working in title and escrow.

When asked why he chose Embrace, Peter was aware of the company’s strong operational support.

“I recognized immediately that the back office was highly experienced. The operations model they use has created an environment that is both client and customer centric.” Asked about his experience so far?

“The chemistry at the Rockville office is great. I really enjoy working with such a closely connected group.”

As for the current real estate market, Peter put it simply. “There are a number of external factors effecting the market at this time which creates a certain amount of unpredictability. That said, I’d advise prospective buyers to move quickly should they find the ideal property.”

Peter A. Brock II, NMLS ID # 905596 is employed by Embrace Home Loans and is licensed in Maryland.

About Embrace Home Loans: Founded in 1983, Embrace Home Loans is a direct lender for Fannie Mae and Freddie Mac, approved by FHA and VA, and an issuer for Ginnie Mae. Embrace Home Loans has remained a prominent leader in the industry, having helped hundreds of thousands of individuals and their families purchase new homes, lower their monthly payments and consolidate high-interest debt since its inception.

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STATS & FACTS

STATS & FACTS CHECKLIST FOR A HEALTHY NEW-HOME MARKET

I

BY BEN SAGE, METROSTUDY

like checklists. Perhaps it is from growing up in a pilot’s family and doing a little flight training of my own, but I use them fairly regularly. They are particularly helpful with travel preparation, where I’m known in my family for packing lightly and quickly. Speaking of travel, almost four hundred years ago the Mayflower set sail from Plymouth, England, eventually arriving at Cape Cod on November 21, 1620 a mere 700 miles off course from its intended destination from what is now Virginia. I can’t imagine what that packing list looked like, but historians have tried to re-create it based on documents from that era. Some of the more interesting items might have included “beer, Irish stockings, garters, fowling piece, bandoleer, snaphance, gimlets, aqua vitae, and falling bands” (feel free to look any of these up). Apparently they should have packed more jackets as, tragically, almost half of the settlers died that first winter in New England.

Analysts generally have a checklist for a healthy new-home market as well.

Let’s run through some of the more popular items: ECONOMIC GROWTH (CHECK) Job growth is the main driver of household growth, which feeds the need for additional housing units. Over the past year, Maryland has added 62,900 jobs, over half of these in the Baltimore Metro area. Maryland employment expanded at 2.4 percent, which ranks the Old Line State among the top 15

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states in the country. Unemployment is also low at 4.3 percent, which is below that of the United States. When unemployment is low, you tend to have a higher correlation of job growth to household growth because the economy can no longer supply enough laborers to the employment force. This could help turn around the decline in net migration to Maryland over the last few years.

HEALTHY RESALE MARKET (CHECK) Resale volume is up 12 percent to 70,263 units sold over the past year in Baltimore and Suburban Maryland combined. Not only are sales up, but listings are down 13 percent to 21,207 units. This level of listings represents only 3.6 months of supply, which is the lowest August reading this decade. The under-supply of real estate is more pronounced in Suburban Maryland than in the Baltimore area, so there has been more home price appreciation in the western half of the state. Home prices in Baltimore have been flat, generally, gaining very little traction since the end of the Great Recession. This could be changing, though, with the recent increase in demand. That increase, by the way, appears to be driven by job growth in the area.

HEALTHY NEW HOME INVENTORY (CHECK) For the most part, Metrostudy’s newhome inventory tracking has shown that homebuilders are being disciplined, building to meet demand without getting ahead of the market. The number

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of finished empty new-home units in Maryland is 1,105, which is down nine percent from one year ago. This represents 1.6 months of supply, which is acceptable. In 2008 during the recession, months supply of finished vacant inventory was above two months. The supply of townhomes swelled somewhat last year, but that has largely been corrected midway through this year.

Builders now appear poised for growth going forward.

This used to be all you needed to count on new-home expansion. So if we can check these off, why aren’t we seeing a more robust homebuilding sector? In this post-recession environment coming off the largest housing bust in recent history, apparently we need to add a few more elements to the checklist: RISING INCOMES (CLOSER BUT NOT YET) While the period following the 2001 recession was referred to as the “jobless recovery”, this post-recession period should be termed the “wageless recovery.” Incomes have been very flat, not only nationally, but locally as well.

Fortunately, the Census Bureau released information this week indicating that incomes rose 5.2 percent last year, the largest year-over-year gain since the income survey began in 1967. Perhaps we are turning a corner.

RISING RENTS (NOT YET) I believe an under-rated hero of a healthy housing market is rising rents.

This is a key to getting households, particularly first time buyers, out of an apartment and into a home with a fixed-payment. The region has seen quite a few apartments built in the last couple of years, more so in the Washington, DC Metro than in Baltimore.

The apartment market is healthy, but the new supply is suppressing any rent increases. Banks are scrutinizing apartment construction loans more closely now, so that could regulate the delivery of new projects. If the economy

Annual Job Change and Total Employment (000s) 80

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stays on track, it could lead to more of a rising-rent environment, which will help homeownership.

DEMOGRAPHICS (HALFWAY) In the 1970s, 50 percent of young adults were “married with children.”

In 2015, that percentage had fallen to 20 percent. This is a huge demographic shift that allows younger households to put off home ownership. The youngest millennials are now into the peak homebuying years (median age of 32), but it is uncertain how many will pursue homeownership. Thus far, they are yet to contribute much to the for-sale homebuilding industry, opting instead for apartment life. At the other end of the age spectrum there is a wave of baby boomers entering their retirement years.

This age group has the highest percentage of homeownership (79 percent), and they have been key to sustaining

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the homebuilding industry over the past few years. The challenge is understanding their changing needs and how that effects their home choices going forward.

HOMEBUYER CONFIDENCE (NOT YET) An important factor, but this is very difficult to measure. Every age group below 55 is well below pre-recession levels in terms of homeownership, but before the bust it was a given that homes rise in value. That mystique is gone and the memory from the foreclosure crisis is very recent. Many industry professionals underestimated the long-term effect of the Great Recession on homebuyer attitudes as many former homeowners (and their adult children) see more value and flexibility in renting closer to work as opposed to buying and commuting.

It appears that there are now a few more items to check off the list and hur-

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dles to overcome before we can expect to see a more robust homebuilding market.

In Metrostudy’s opinion, we are getting closer and a modest increase in newhome demand is anticipated for 2017.

To get back to the more “normal” levels of construction that occurred in the 1990s, however, will clearly take some more time.

Ben Sage, Director of Metrostudy’s Mid-Atlantic Region, has been researching and analyzing housing markets since 1994. He regularly meets and consults with many of the top homebuilders in the country as well as with lenders, developers, investors, and utilities concerning trends in the local economy and their effect on the real estate market. Ben can be reached at bsage@metrostudy.com or 703-574-8429. For more about Metrostudy, please visit www.metrostudy.com.

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NEW PRODUCT SPOTLIGHT

THINK YOU KNOW REAL ESTATE TECHNOLOGY? New MBIA Member Aaron Rice, Director for the Global Luxury Homes Division of Keller Williams Select Realtors in Annapolis, holds workshops featuring Mobile First Global Marketing.

The workshop teaches attendees how to Innovate, Automate and Dominate the local market with: • 3D Virtual Reality (VR) Powered By Matterport • High Dynamic Range Imagery • 4K Cinematic Lifestyle Movies • 3D Virtual Staging Solutions • Global Mobile Optimized Single Property Websites w/ Translation • Social Media Marketing Snapchat, Facebook 360, YouTube 360, Livestream Solutions • Agent Video / Online Branding - 102 Video Ideas for Builders • Samsung Gear VR and Gear 360 ~ Immersive-Interactive Photos and Videos • 4K Aerial Drone Imagery • Wealth Engine, International MLS, ProxioPro and ListHUB Global

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WHAT IS MATTERPORT? A New Dimension in Home Buying & Selling: Virtual Reality. Bring listings to life with immersive experiences that are more than virtual tours.

The Ultimate Always-Open House.

A 3D Showcase is an online experience that lets homebuyers move through a property and see it from any angle. The

unique Dollhouse view gives a completely unique sense of the place.

More Clients. Better Listings. Real Emotion. Photo galleries, 360° panoramas and fly-through videos lack the perspective and feel that home buyers and sellers crave. A Matterport 3D Showcase creates an emotional connection with the home.

Matterport Spaces are real 3D representations of your job site that let you virtually walk the site at every stage of development.

November/December 16

Showcase your Multifamily Communities in Immersive 3D. Matterport is the only way to let prospective residents fully experience your community online, as if they were there.

Deliver Immersive 3D Walkthroughs of your Communities. Top community owners and managers use Matterport Spaces to engage and inform prospective renters during their online search.

By offering trusted, immersive virtual

experiences that let anyone fully experience your communities and amenities, setting your communities apart and drawing in more qualified leads.

Architects and Engineers use Matterport. Streamline documentation, speed up as-built designs, and collaborate with ease. Create immersive walkthroughs of existing conditions that can be annotated, edited, and shared across engineering groups and key stakeholders.

Matterport Spaces are real 3D representations of your job site that let you virtually walk the site at every stage of development. Replace thousands of site photos with a single set of immersive 3D Spaces for complete, efficient communication and longterm record keeping.

For more information, Contact Aaron Rice at 443-244-0051 or 410-972-4000 or visit him online at www.UberLuxeMedia.com.

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new MEMBER

NEW MEMBER SHOWCASE

SHOWCASE

It is important to always touch base with contacts and grow your relationships.

Michelle Vacelet, President, Intreegue Design HOW LONG HAVE YOU BEEN WITH YOUR COMPANY AND WHAT IS YOUR ROLE? I have been with Intreegue Design, a landscape architecture, firm since its inception in 2013. My role with the company is President. As President, I facilitate the projects and meet with clients. I also originate the concepts for our detailed designs. From there, our designers and 3D modelers create the illustrations needed to a) get the idea across and b) formulate Construction Documents to get the projects built.

WHY DID YOU JOIN MBIA AND WHAT DO YOU HOPE TO GAIN FROM YOUR MEMBERSHIP? WAS THERE SOMEONE WHO INFLUENCED YOU TO JOIN? Our company is involved with designing and master planning community spaces in many communities in Maryland and throughout the East Coast. We thought joining MBIA would help keep our ears to the ground on the latest development opportunities in Maryland. We are hoping to gain and strengthen our network, not just for job referrals but for team building purposes as well. Our most successful jobs come out of strong relationships and team efforts with Environmental Planners, Engineers, Architects, Arborists, among others. Eric

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Chodnicki, an environmental expert, and Jamie Frasier, with Island Companies, both introduced me to the group!

ARE YOU INVOLVED WITH ANY MBIA COMMITTEES? Yes, I am a member of the Professional Women in Building Council and the Land Development Council.

WHAT’S A FAVORITE MOMENT IN YOUR CAREER SO FAR? I had the opportunity to design a children’s garden in Virginia. It allowed children with little access to outdoor space the ability to learn where food comes from and to interact in a natural learning outdoor environment.

WHAT WAS YOUR CHILDHOOD DREAM JOB? I rode horses growing up, so as a child I wanted to be a jockey!

ANY BUSINESS TIPS CAN YOU SHARE WITH OTHERS? For us, our business is built on our relationships, so it is important to always touch base with contacts and grow your relationships.

November/December 16

WHAT IS YOUR FAVORITE APP OR SOCIAL MEDIA OUTLET? I love the app CamCards on my iphone, it allows me to take a quick snapshot of a business card and it will enter all the pertinent contact information onto my contacts list. It’s a big timesaver.

WHAT IS YOUR DREAM VACATION SPOT? My husband and I have Tahiti on our list currently.

IF YOU HAD A CHANCE TO MEET ANY CELEBRITY, WHO WOULD IT BE? I think Arnold Schwarzenegger would be very interesting to chat with. He is a great motivational speaker and if I need to refocus during my day, I’ll listen to his speech of ‘6 Rules of Success.” I adore his quote: “But if you want to win, there is absolutely no way around hard, hard work. None of my rules, by the way, of success, will work unless you do. I’ve always figured out there are 24 hours a day. You sleep six hours and have 18 hours left. Now, I know there are some of you out there that say well, wait a minute, I sleep eight hours or nine hours.

Well, then, just sleep faster, I would recommend.” Plus, I heard he throws some really interesting parties!

GUILTY PLEASURE: WHAT CAN YOU NOT LIVE WITHOUT? I can’t live without Chapstick!

NEW MEMBERS & REINSTATEMENTS

AUGUST/SEPTEMBER 2016 BUILDERS

ASSOCIATES

ASSOCIATES

ASSOCIATES

Battaglia Homes, LLC Ben Battaglia 14333 Jarrettsville Pike Phoenix, MD 21131 443-987-5804 battagliahomes@live.com

Camden Planning Group, LLC Robert Zimmer 1954 Greenspring Dr., Suite 750 Timonium, MD 21093 410-307-2230 rfzimmer@camdenplanning.com

Gingles, LLC Andre Gingles 14401 Sweitzer Ln., Suite 570 Laurel, MD 20707 240-280-1513 andre@ginglesllc.com

Rosedale Federal Ed Grant 9616A Belair Rd. Baltimore, MD 21236 410-668-4400 egrant@rosedalefederal.com

Brockton Homes, Inc. Robert Kappus 2910 Brockton Dr. Kingsville, MD 21087 410-893-2810 sales@brocktonhomes.net

Camille Scott Interior Design Camille Scott 10572 Hounslow Dr. Woodstock, MD 21163 757-377-0761 cscottja@gmail.com

HomeTeam Pest Defense Steven Hammond 179 East Burr Blvd., Unit G Kearneysville, WV 25430 571-641-1140 steven.hammond@pestdefense.com

Rosen, Sapperstein & Friedlander, LLC Jeffrey Rosen 300 Red Brook Blvd., Suite 200 Owings Mills, MD 21117 410-581-0800 jrosen@rsandf.com

Leeds Realty, Inc. Oladipo Famuyiwa 7881 Cessna Ave. Gaithersburg, MD 20879 301-680-3100 olareal@leedsrealty.com

DAE Carpentry Chong Yi 4103 Old Columbia Pike Ellicott City, MD 20143 703-728-4538 chol3g@verizon.net

Howard Bank John DeZinno 6011 University Blvd., Suite 370 Ellicott City, MD 21043 410-505-8332 jdezinno@howardbank.com

REMODELER

Decisive Data Systems, LLC David Whitaker 3445 Box Hill Corporate Ctr. Dr., Suite C Abingdon, MD 21017 410-569-4337 dwhitaker@ddsystems.net

Lawrence Abell & Associates Lawrence Abell 314 E. Charles St., P.O. Box 1900 LaPlata, MD 20646 301-932-1900 labell@laa.cc

Pagenstecher Group, Inc. Michael Ullrich 10605 Concord St., Suite 1 Kensington, MD 20895 301-933-9305 mike@pagenstechergroup.com ASSOCIATES Adcock & Associates, LLC Michael Adcock 3300 N. Ridge Rd., Suite 160 Ellicott City, MD 21043 443-325-7682 mike@saaland.com Anchor Title Company, LLC Charlotte Healy 10705 Charter Dr., Suite 350 Columbia, MD 21044-2995 410-730-4545 cphealy@anchortitle.com Burgess Lighting Tiffany Siehl 3601 Forestville Rd. Forestville, MD 20747 301-568-8000 tiffany@burgesslighting.com

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Royal Electric, Inc. Bob Shipley 7512 Main St. Sykesville, MD 21784 410-781-6313 bob.shipley@royalelectricinc.com Sill Engineering Group, LLC Paul Sill 11130 Dovedale Ct. Marriottsville, MD 21791 443-325-5076 paul@sillengineering.com

Delta Concrete Corporation Manuel Carnerio 10480 Colonel Ct. Manassas, VA 20110 703-330-6163 steve@deltaconcrete.net

Pinnacle Builder Sales and Marketing Shawn Fortney 1911 York Rd. Timonium, MD 21093 410-560-3556 sfortney@pinnaclere.net

Smart Automation Solutions Gary Flax 32 S. Frederick Ave., Suite 100 Gaithersburg, MD 20877 240-242-7272 gary@smartautomationsolutions.com

Embrace Home Loans Peter Brock 800 King Farm Blvd., #210A Rockville, MD 20850 800-333-3004 pbrock@embracehomeloans.com

Plymouth Rd Architects Lisa Wenrich 640 Plymouth Rd. Baltimore, MD 21229 410-788-0281 lwenrich@plymouthroadarchitects.com

SolarGaines, LLC Hans Wittich 10616 Beaver Dam Rd. Cockeysville, MD 21030 410-785-1760 hwittich@solargaines.com

Essex Bank Mary Ellen Lewis 2120 Baldwin Ave. Crofton, MD 21114 410-721-8450 mlewis@essexbank.com

Residential Realty Group, Inc. Joan Magill 3600 Crondall Ln., Suite 103 Owings Mills, MD 21117 410-654-4444 jgmagill@residential-realty.com

Starr Systems Design Sean Weiner 1421 Clarkview Rd., Suite 122 Baltimore, MD 21209 410-494-4310 sean@starrsystems.net United Foundations, Inc. Joseph Pereira 11201 Bertalice Ct. Manassas, VA 20110 703-392-4004 joe@unitedfoundations.com

November/December 16

MBIA NOW PROVIDES CERTIFICATES OF GUARANTY TO HOWARD COUNTY Did you know that MBIA was approved to provide Certificates of Guaranty to Howard County through our Development Guaranty Group of Southern Maryland, Inc., a subsidiary of the Builders’ Development Guaranty Group of the Maryland Building Industry Association. This program was established in 1988 to provide an alternative to conventional bonding exclusively for MBIA members. Elm Street Development has been a member of BDGG for over 20 years and they have received hundreds of certificates for their bonding needs in various projects in Montgomery County.

Jeffrey Rice, VP/CEO of Elm Street said, “We benefit from the ease of acceptance from the County and in most cases certificates are released during the initial term. Because of the unique relationship BDGG has with the county, these certificates are superior to performance bonds from sureties. We are grateful that the BDGG was there for us when we needed surety capacity and will continue to support them in the future.”

DGG-SM, Inc. offers a competitive fee structure and has modest collateral security requirements. If you would like to receive a brochure that provides detailed information about the program or if you would like to receive an application for membership please contact program manager, Lisa Goheen at lgoheen@marylandbuilders.org or call 301-776-6241.

AD INDEX Appliance Distributers Unlimited.................3 Builder Mart..............................................37 Builders Mutual Insurance........................ BC California Closets........................................9 Chesapeake Employers Insurance.............25 Dewberry..................................................17 Embrace Home Loans...............................31 GE........................................................... IBC Linowes & Blocher....................................31 Pepco..........................................................5 Premier Lifts................................................7 Residential Warranty.................................29 Saratoga Insurance...................................27 Severn Savings Bank................................27 Shulman Rogers........................................39 Vintage Security.......................................IFC Wetland Studies........................................23

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39

STARS CLUB

DGG-MC, Inc. Dewberry Residential Title & Escrow SolarCity Wells Fargo Home Mortgage

Chesapeake Employers Insurance Company K Hovnanian Homes Lakeside Title Company Morris & Ritchie Associates, Inc. Pleasants Development Pulte Saratoga Insurance /CEI Shelter Systems

84 Lumber Andersen Windows Elm Street Development Linowes & Blocher McMillan Metro, P.C. Miles & Stockbridge Rodgers Consulting, Inc. Soltesz SunTrust Mortgage

Bonded Builders Warranty Group Bozzuto Homes Dico EYA Macris Hendricks & Glascock, PA Michael Harris Homes Miller & Smith Homes Mitchell & Best Group O’Malley, Miles, Nylen & Gilmore Rutter Project Management Wetland Studies & Solutions

Builders Mutual Insurance Co. Caruso Homes Charles P. Johnson & Associates Geo-Technology Associates, Inc. Gutschick, Little & Weber, P.A. Insurance Associates, Inc. Lerch, Early & Brewer, Chtd.

Sandy Spring Bank Shulman Rogers Stantec Consulting Services, Inc. Sterling Mirror & Glass Winchester Homes

BUILDER’S BOOKSHELF

Check out this Top Seller from NAHB BuilderBooks. As an MBIA member you are automatically an NAHB member and are entitled to great discounts on publications, software, brochures and more.

The Paper Trail: Systems & Forms for a Well-Run Remodeling Company, 2nd Edition Learn from the best! This expanded and updated edition of The Paper Trail shows you how to use proven management systems to run a successful remodeling company. An included CD contains 90+ essential forms and documents—culled from successful remodelers across the country—that you can customize to suit your business needs. These documents cover critical areas such as estimating, production, customer communication, and financial management. Remodelers and their employees will reach for this book repeatedly to help them meet the everyday challenges of a professional remodeling business. NAHB Member Price: $35.95.

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November/December 16

Slate

THE FINISH FOR EVERY STYLE. No wonder the Slate finish is such a hit.

Its matte finish completely hides fingerprints.

It holds magnets. It’s available on over 50 products. But the biggest reason people love Slate? It blends with everything from classic to eclectic to modern to chic.

For information on GE Appliances Builder Programs, please contact GE Appliances Regional Manager Brian Wooden at brian.wooden@ge.com.

Giving my crew the tools to work smarter.

Putting people’s safety ahead of profit.

Choosing Builders Mutual insurance.

That’s how I get the job done right.

BuildersMutual.com