BUILDING in Maryland and Washington, DC

EXCLUSIVE MAGAZINE OF THE MARYLAND-NATIONAL CAPITAL BUILDING INDUSTRY ASSOCIATION

JULY/AUG 2012

2012 CUSTOM BUILDER AWARDS Also in this Issue: Will the Septic Bill Revive Smart Growth?

Maryland-National Capital Building Industry Association 1738 Elton Road, Suite 200 Silver Spring, MD 20903 Phone: (301) 445-5400, Fax: (301) 445-5499 E-mail: communications@mncbia.org Website: www.mncbia.org 2012 Executive Committee Steve Nardella President

Frank Bossong, IV Associate Vice President

Rick Bailey Vice President/Calvert Co.

Clark Wagner Treasurer

Doug Meeker Vice President/Charles Co.

Dave Lunden Vice President, State Legislative/Secretary

Robert J. Spalding Vice President/Montgomery Co.

BUILDING

IN MARYLAND AND WASHINGTON, DC Representing Calvert, Charles, Montgomery, Prince George’s and St. Mary’s counties in Maryland and Washington, DC

FEATURES

Robert R. Harris Life Director

Hillary Colt Vice President/ Prince George’s Co.

Martin J. Mitchell Immediate Past President

Mike Mummuagh Vice President/St. Mary’s Co.

Stephen P. Elmendorf Legal Counsel

Brian “A.J.” Jackson Vice President/Washington DC

Diane K. Swenson Executive Vice President

2012 Board of Directors

Lynn Elahi Brian Afnan Hugh Carroll Jeff Caruso Chuck Covell Mike Conley Tony Crane Timothy Dugan Ken Dunn Mary Giles Tom Hudson Tom Hyde Robert A. Jacobs

Howard Katz David Little Mark MacFarland Tom Marshall Jim Plazak Steve Robins Gary Rubino Michael Schueler Charlene Thayer Peggy White Mel Willis Carter Willson

MNCBIA Staff

Executive Vice President Diane K. Swenson, CAE Vice President, Government Affairs F. Hamer Campbell, Jr.

8 Will the Septic Bill Revive Smart Growth?

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1 1 2012 Custom Builder Awards 18th Annual Celebration 14 BIA’s Tennis Tournament Serves up 4th Year

DEPARTMENTS

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Associate Director/Government Affairs Robert Kaufman

6 A Message from the President 15 The Legal Pad 16 The Engineer’s Angle

Associate Director/Regulatory Affairs Annette Rosenblum

17 MNCBIA Membership News

Communications Director Kelly H. Grudziecki

New Members

Director, Membership/Events Jean Mathis

MNCBIA’s Most Wanted List

Manager, Builders Development Guaranty Group Lisa S. Goheen Director, Home Builders Care Foundation/HomeAid DC Patti Kane

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18 Events Calendar

14

STARS Club Index of Advertisers

Published for: Maryland-National Capital Building Industry Association 1738 Elton Road, Suite 200 Silver Spring, Maryland 20903 301-445-5400 Fax: 301-445-5499 E-mail: building@mncbia.org Website: www.mncbia.org

Published by:

E&M Consulting, Inc. 1107 Hazeltine Boulevard, Suite 350 Chaska, Minnesota 55318 800-572-0011 Fax: 952-448-9928 Website: www.emconsultinginc.com Published April 2012 MNC-S0210/9844

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FROM THE PRESIDENT

Mid Year Checkup—Open Wide and Say YAY!

I

Steve Nardella

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t’s difficult to believe, but 2012 is half over. Now that we are in the middle of summer, I hope everyone is enjoying all the wonderful activities that summer can offer. This can include, as it does for my family and me, being on, in and around the Chesapeake Bay and feasting on its bounties including the famous blue crabs. Maryland officials reported earlier this year the Chesapeake’s blue crabs are in the middle of an extraordinary comeback. The estuary’s crab population has more than doubled in two years, they said, reaching its highest level since 1997! As extraordinary stewards of environmental assets perhaps we can take some pride in doing our part to help improve the bay area environs that are helping to boost the numbers of this delightful crustacean.

Of course the main reason for the rebound in crab populations has more to do with managing the harvest of female crabs than improving bay water quality. As an industry, new development and construction in tributary waters have been scientifically demonstrated to show that new development has very little impact on the nutrient and sediment loads that flow to the bay as a percentage of total impact. The real culprits are point source loads from wastewater treatment plants, fertilizer from turf and farm land and runoff from pre-1985 development when storm water was not managed. It’s an enormous challenge.

I had the opportunity earlier this year to meet with building industry leaders of the six Chesapeake Bay watershed states to review and discuss each state’s Phase II Watershed Implementation Plans (WIPs) and to determine if or how we can achieve imposed limits on total maximum daily nutrient loads (TMDLs). The meeting was sponsored by the NAHB and included building industry representatives of Maryland, Delaware, Pennsylvania, Virginia and West Virginia. New York was a no show. It would take the entire magazine to explain Maryland’s WIP, but it is critical to understand the goals of the plan and its prescribed methods to accomplish TMDL reductions. There will be statewide initiatives to both existing and new development in rural and urban areas involving the public and private sectors. For our part it will significantly change the way we develop and build far into the future.

It’s been a good year so far for our Association as well. A quick rundown of our accomplishments mid-year against goals we established at the beginning of the year demonstrates that we have made good progress but still have plenty of work ahead.

• We have had substantive conversations with leadership of the Realtors, Chamber of Commerce and other BIAs within Maryland and in neighboring states and have found opportunities to collaborate on legislative and regulatory initiatives particularly during the state legislative session in Annapolis. For example, I co-signed a letter to the governor and the legislature with the president of the Greater Capital BUILDING IN MARYLAND AND WASHINGTON, DC

Area Association of Realtors in opposition to proposed limits of the mortgage interest deduction. Together we represent the entire housing market in the jurisdictions we represent. And many of our members and staff are active in committees at various chambers of commerce on land use or transportation matters. There is still plenty of opportunity, however, to work strategically with these other stakeholder groups rather than reacting to current challenges which can broaden and strengthen our voice.

• We had an active, expanded and successful lobbying effort in Annapolis through the combined and coordinated efforts of our legislative staff, the MSBA and its consultants who were also supported with additional financial and consulting resources this year as a result of the efforts and guidance of the “kitchen cabinet.” This experienced group of ex-presidents from MNCBIA, HBAM and MSBA helped prioritize our initiatives and provided significant financial resources that helped focus the effort. We tracked more than 40 bills and impacted many that involved environmental, land use, professional, property and ownership, tax and other issues that affect our business.

• At the county and local level there is a tremendous amount of engagement between committee members and jurisdictions who are actively working to reorganize, simplify and streamline government and the development approval process, which can have sustained cost and timing benefits for our industry.

• We held a number of education events and provided significant levels of communication to membership that focused on environmental issues and challenges, regulatory updates and market statistics.

• We enjoyed a couple of opportunities in the press to get the word out about our improving market conditions and reiterate to the public that it is a great time to buy.

• All of our networking, awards, and educational events have been successful with improved attendance over last year.

• Finally, we are well ahead of plan in terms of our financial position as a result of new member growth and strong non-dues revenue from events and member services.

The success we have seen so far this year in the core areas of advocacy, education, networking and business development, and public relations is the direct result of the efforts of our hardworking, dedicated, professional staff, and all of our committee chairs and their active members who invest their time, effort and knowledge to help move our association forward. On behalf of the executive committee and board of directors, I would like to extend a huge thank you for your continued commitment to our mission and congratulations on our collective results so far. m

Maryland Bids To Revive Smart Growth SB 236, the Septic Bill, aims to shoehorn the lion’s share of new development in the state back into denser, more urban areas.

By Michael Fickes

T

he recently enacted Sustainable Growth and Agricultural Preservation Act of 2012, SB 236, will shortly alter in a major way where homebuilders can build homes in Maryland.

The vehicle for this change is the bill’s plan to limit the number of new homes with septic systems and drive new development away from rural areas.

Gaining approval to build a house with a septic system has always been fairly simple. It involves satisfying a series of basic environmental requirements, a percolation test and design approval.

While that hasn’t changed, SB 236 sets in motion a plan to regulate where and how many houses with septic systems can be built.

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The law requires local jurisdictions to assign developable areas to one of four tiers, each with its own rules about septic systems: • Tier I: Mapped, locally designated growth area already served by public sewer systems or a municipality designated as a state priority funding area (PFA)and served by public sewer systems. Tier 1 areas are limited to subdivisions with public sewer systems.

• Tier II: Areas that local governments intend to develop with public sewer systems. Tier II may develop minor subdivisions with septic systems.

• Tier III: Includes four categories — municipalities not served by public

“The good news is that SB 236 could have been a lot worse,” says Katie Maloney, chief lobbyist with the Maryland State Builders Association and part of a coalition of stakeholders that fought for amendments to the original bill. Here’s how the coalition changed the original bill.

BUILDING IN MARYLAND AND WASHINGTON, DC

Tier Definitions: Amendments gave local planning authorities more influence over land assigned to Tiers III and IV and removed a Tier III requirement that all lands assigned to the Tier must be contiguous with existing growth areas. Amendments also eliminated the requirement that state designated AgPrint and GreenPrint lands automatically go into Tier IV. Finally, the original bill allowed major subdivisions on septic in Tier IV when overall density was one unit per 25 acres. Now it is 20 acres.

sewer systems; a rural village; an area planned or zoned for large lot development; and mapped, locally designated growth areas. There must be no plans for public sewer systems in these areas. None may be dominated by agricultural or forest land. None may be zoned for land, agricultural or resource protection. SB 236 permits both major and minor subdivisions on septic systems in Tier III areas.

• Tier IV: Areas planned for land, agricultural or resource protection, preservation or conservation; areas dominated by agricultural lands, forest lands, or other natural areas; and Rural Legacy areas, Priority Preservation Areas as well as land subject to a state or local conservation or preservation covenant, restriction or easement. In general, Tier IV permits only minor subdivisions on septic systems. The legislation allows one exception. If the Department of Planning verifies that the subdivision and zoning requirements in a jurisdiction’s total Tier IV acreage limits development to one dwelling unit per 20 acres, then SB 236 permits major subdivisions on septic systems.

A local jurisdiction that does not adopt tiers must limit development to subdivisions with public sewerage in Tier I areas and minor subdivisions on septic systems, shared systems, or community systems in other areas.

For jurisdictions that choose to adopt tiers, Tier II is optional for both counties and municipalities. Counties must adopt Tiers I, III and IV. A municipality must adopt Tier I and may not adopt Tiers III and IV. Local laws use different numbers to define the difference between major and minor subdivisions. “A minor subdivision may include three to seven units,” says Leslie Knapp Jr., associate director of the Annapolis-based Maryland Association of Counties (MACo).

That means that some developments with four units would be considered major developments, while other developments with seven units would be considered minor.”

The point seems to be that minor subdivisions — which appear to be favored by SB 236 — are very small to begin with.

the point where it is affordable to bring in a public sewer system. SB 236 takes this ability away.”

Less clear is how the bill will affect agricultural land values and business models. SB 236 prohibits development on land zoned for agriculture. “The Farm Bureau raised two concerns about this,” Knapp says. “Will this cause a decline in assessed values for agricultural land? If so, how will that affect the ability to borrow capital?

“There was a lot of debate about this. Each side presented numbers. I don’t think proponents of the bill managed to show that there would not be an impact on borrowing. The debate on the impact on assessed values was even less clear.”

What It Means To Homebuilders Knapp goes on to explain what SB 236 means to homebuilders. “It directs where housing will be built, and by default controls the kind of housing that will be built,” he says. “It directs housing into more dense infill where you would expect to see high rise apartments and condos, often near transit stations.

In addition, close-in redevelopment costs more than building new.

Add to that the fact that the Maryland Department of Environment has now issued regulations calling for all new septic systems to employ the best available technology (BAT) for removing nitrogen. “That will add $10,000 to $12,000 to the cost of a house,” Knapp says.

“This will create challenges for builders,” adds Katie Maloney, Chief Lobbyist with the Annapolis-based Maryland State Builders Association.

“Rural builders may have difficulty finding parcels, and there will be competition for available parcels.”

Grandfathering provisions in the bill will allow builders actively planning projects to move forward.

How Will Tiers Affect Land Use and Agricultural Land Values “The impact of the four-tier plan will vary from county to county,” continues Knapp. “It will have little effect on larger urban counties that are built out.

Suburban counties will see some effects.

“Rural counties will feel the effects of the legislation the most because they have to rely on septic systems to attract development and to grow to

Local Control: The amended bill gives each jurisdiction the power to set tiers based on statutory criteria. The Maryland Department of Planning can advise jurisdictions and require a public hearing if there is a disagreement.

Originally, the state would determine whether Tier assignments met statutory criteria or not.

Major and Minor Subdivisions: The original language required jurisdictions to use current definitions. Those without definitions could choose one by the end of the year, as long as a minor subdivision was no larger than seven units.

“We got them to rethink this,” says Maloney.

“Now you can use the current definition if you want, or you can choose a new one by the end of the year.” The minor subdivision cap of seven units remains.

Grandfathering: “Grandfathering was greatly modified,” Maloney says. The final bill makes application dates contingent on how a local jurisdiction handles its soil percolation test schedule. No provision for that appeared in the original bill. Regardless of the perc test schedule, all projects must obtain preliminary plan approval

by October 1, 2016.

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Why Is Maryland Limiting Septic Development In This Way? SB 236 has two environmental roots: the Chesapeake Bay clean up effort and smart growth.

The housing industry believes that the Septic law aims only at land management and will provide little help to the Bay. Nevertheless, the preamble to the bill presents the Bay cleanup side of the story.

The preamble notes that septic systems discharge nitrogen-rich water that, in many areas of Maryland, flows into the Chesapeake Bay or into rivers and creeks that feed the Bay. Nitrogen is one of the pollutants targeted by Bay cleanup efforts.

In 2010, about 275 million pounds of nitrogen — from all sources — went into the Bay, according to the website of the Chesapeake Bay Program (www.chesapeakebay.net), a regional partnership of federal and state agencies, local governments, non-profit organizations and academic institutions, dedicated to cleaning up the Bay. Agriculture, wastewater treatment plants including sewer overflow, atmospheric deposits and urban runoff produced 94 percent of the total.

Septic systems sent about 6 percent of the total or 40.5 million pounds of nitrogen to the Bay in 2010. Septic has the smallest share of any source.

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But that’s not really a problem the bill aims to solve. State planners believe the problem lies in the future.

According to the preamble, about 411,000 Maryland homes use septic systems with another 120,000 expected over the next 25 years.

That would push the septic share of nitrogen pollution to about 8 percent, according to the preamble. It could be even higher if current efforts to reduce the shares of agriculture, wastewater and runoff succeed. That’s the Bay side of SB 236.

The Smart Growth Side of the Story The other side of the story is land management. Maryland has famously pursued smart growth strategies for years now by trying to direct growth into PFAs supported by state infrastructure spending.

According to a report released in January by the Housing Strategies Group at the National Center for Smart Growth Research and Education, PFAs aren’t working very well. The percentage of acres with single-family houses outside of PFAs has grown steadily while parcels inside PFAs have grown in size, indicating decreasing densities.

The strict SB 236 Tier system aims to put smart growth and PFAs back on track. Will it? m

BUILDING IN MARYLAND AND WASHINGTON, DC

2012 Custom Builder Awards 18th Annual Celebration SANDY SPRING BUILDERS, LLC • ARCHITECT: GLENN CHEN FONG, AIA

C

ustom homebuilders, architects and remodelers throughout the greater

builders, land planners and marketing consultants. The judges viewed both

Washington region were awarded top honors for their fine design and

interior and exterior of the homes in addition to detailed written information,

quality workmanship in the 18th annual MNCBIA Custom Builder Awards on May 24 at the Bethesda North Marriott Hotel.

photographs and plans.

In this competitive custom housing market, all of these winners are shining

th

Judging was done over a two-day period utilizing the expertise of architects,

examples of the talent and expertise that our area has to offer.

Speculative Home Under 3,500 Sq. Ft.

Silver • Washington Metropolitan Homes •

Gold • Kettler Brothers Homes LLC • Architect: Creaser/O’Brien Architects

Architect: Claude C. Lapp

Speculative Home 3,500 to 5,000 Sq. Ft.

Bronze • Douglas Construction Group, LLC •

Gold • Studio Z Design Concepts, LLC • Builder: Foxhall Developers

Architect: Studio Z Design Concepts, LLC

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Speculative Home 5,000 to 7,500 sq. ft.

Gold • Castlewood Consulting, LLC • Architect: Studio Z Design Concepts, LLC

Silver • Laurence Cafritz Builders • Architect: Sutton Yantis Associates Architects

Bronze • Studio Z Design Concepts, LLC • Builder: Sandy Spring Builders, LLC Speculative Home Over 7,500 sq. ft.

Gold • Carter, Inc. • Studio Z Design Concepts, LLC

Custom Home 3,500 to 5,000 sq. ft.

Gold • Studio Z Design Concepts, LLC • Builder: Sandy Spring Builders, LLC

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Custom Home 7,500 to 12,500 sq. ft.

Gold • Castlewood Consulting, LLC • Architect: Housing Design & Architecture, Inc.

Silver • Sandy Spring Builders, LLC • Architect: GTM Architects

Custom Home Over 12,500 sq. ft.

Gold • Visnic Homes, Inc. • Architect: J. Mayer Architects, LLC

Custom Home 5,000 to 7,500 sq. ft.

Gold • Sandy Spring Builders, LLC • Architect: Glenn Chen Fong, AIA

Traditional Custom Home Gold • Sandy Spring Builder, LLC • Architect: GTM Architects

JULY/AUG 2012 |

BUILDING IN MARYLAND AND WASHINGTON, DC

Contemporary Custom Home Gold • Wood Visions Construction, Inc. • Architect: Alt, Breeding, Schwartz Architectural Firm

Silver • R & R Custom Homes • Architect: Studio Z Design Concepts, LLC

Transitional Custom Home Gold • Sandy Spring Builders, LLC • Architect: GTM Architects

Bronze • Chuck Sullivan Homes • Architect: Studio Z Design Concepts, LLC

Custom Addition Under 2,000 sq. ft. - Gold • R & R Custom Homes • Architect: Ray Sobrino, AIA Congratulations to every winner!

And finally, a special thank you to Home & Design magazine, our Official Awards Partner. Keep an eye out for the feature story

BEFORE

on our Custom Builder Awards in an upcoming issue. m

AFTER

Custom Addition Over 2,000 sq. ft. - Gold • Studio Z Design Concepts, LLC • Builder: Bloom Builders

BEFORE

AFTER

Whole House Renovation Over 2,000 sq. ft. - Gold • Visnic Homes, Inc. • Architect: Hutchinson + Associates, LLC

BEFORE

AFTER

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BIA’s Tennis Tournament Serves up 4th Year Nearly two-dozen members turned out for MNCBIA’s 4th Annual tennis tournament at Congressional Country Club on May 4. Decked out in traditional white attire, players were randomly paired for doubles play and sweated through multiple matches.

Following the tournament, players traded their racquets for drinks and hors d’oeurves as they anxiously awaited the final scores. In the ends, three players took home top honors. Winning the French Open was Ken Malm, Craftmark Homes,Craftstar Homes. Wimbledon went to Don Bowles,

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Newport Partners and the U.S. Open champ was Harris Rosenblatt, Eagle Bank. Winners received gift certificates to Congressional’s Tennis Pro Shop.

Special thanks to our sponsors, Bar Sponsor, Craftmark Homes/Craftstar Homes, Ball Sponsor, Counselors Title, LLC, Refreshment Sponsor, Wells Fargo Home Mortgage and Water Sponsor, Capital Flex-Pave LLC. These generous members helped make this event possible. And thank you to BIA past President, Rick Sullivan, Jr. who remains the driving force behind this fun and exciting event.

BUILDING IN MARYLAND AND WASHINGTON, DC

The Legal Pad FEELING ILL OVER ILSA (Interstate Land Sales Full Disclosure Act)

By Judyann Lee, Esq., Linowes and Blocher LLP

The Interstate Land Sales Full Disclosure Act The federal Interstate Land Sales Full Disclosure Act, commonly known as “ILSA,” prohibits the sale or lease of “lots” in a “subdivision” using any means of interstate commerce (radio, internet, print media, television, etc.), unless the lots are exempt or the seller or lessor files a Statement of Record with the recently-created Bureau of Consumer Financial Protection (CFPB), a sub-agency of the Department of Treasury. (On July 21, 2011, enforcement of ILSA shifted from the Office of Interstate Land Sales Registration, which was a sub-agency under the Department of Housing and Urban Development (HUD) to the CFPB. The CFPB was established pursuant to the Consumer Financial Protection Act of 2010 (Dodd-Frank), and was created to enhance consumer protection as a result of the recent housing market crash. The existing HUD rules will continue in effect until the CFPB publishes revised rules). The applicable regulations define a “lot” to include “any portion, piece, division, unit or undivided interest in land. . . if the interest includes the right to the exclusive use of a specific portion of land.” A “subdivision” refers to any land, whether or not contiguous, which will be divided into separate interests for sale or lease as part of a “common promotional plan.” A common promotional plan is any plan undertaken by a single person or group of persons acting in concert to offer lots for sale or lease.

In determining whether a common promotional plan exists, consideration is given to, among other things, whether there is a thread of common ownership; same or similar name or identity; common sales agents and/ or sales facilities; common advertising; and/or common inventory. Thus, parcels of land located miles apart could be considered a single subdivision if they are part of a common promotional plan.

The Exemptions There are several full and partial exemptions from filing a Statement of Record with the CFPB. One of the most commonly used exemptions is the improved lot exemption, which exempts the sale or lease of improved land on which construction of the lot is already complete or will be completed within two years pursuant to a contract that obligates the seller or lessor to do so.

When using the improved lot exemption, developers must be careful not to make force majeure clauses in their purchase contracts too broad, or limit specific performance or other remedies, or unwittingly include contingencies on the seller’s obligations to perform. These are potential violations that could cause a project to fall outside the exemption.

The other commonly used exemption is the 100-lot exemption, which exempts the sale of lots within a subdivision that contains less than 100 lots.

When using this exemption, developers must be mindful of the definition of lot, which may include structures or spaces such as parking spaces or storage facilities if they are made available for separate ownership. Such structures or spaces may count toward the 99 lot limit. Developers must also bear in mind that the lots in one project could be considered part of the same common promotional plan with lots in another project. Something as simple as a newspaper ad or promotional advertising on a website of two or more projects could cause a project to lose the exemption. Developers should consult with counsel when drafting their sales contracts and developing marketing strategies to make sure their projects are in compliance with ILSA. If a sales contract does not contain required language and/or contains prohibited language, the project will not be exempt even though it contains less than 100 lots or is completed within two years.

Proceed With Caution Many developers have “piggy-backed” these exemptions by selling the first 99 lots in their project under the 100-lot exemption and then selling the remaining lots using the improved lot exemption. Developers should exercise extreme caution, however, when combining these exemptions in this manner. Recently, several courts have held that this piggy-backing approach will not be effective unless the developer can show that, at the time a purchase contract is signed, all lots are actually exempt and not that the developer simply intends to sell the lots under an exemption at some point in the future. In other words, timing for the use of these exemptions matters and all lots must be exempt at the time the purchaser signs the contract. In a subdivision containing more than 99 lots, any lots over 99 must be exempt before the developer can take advantage of the 99-Lot Exemption. Several courts have also recently held that in order to piggy-back these exemptions the developer must show a legitimate business purpose for using the exemptions and that they are not being used solely for the purpose of evading ILSA requirements.

Given these recent court decisions and the myriad of potential pitfalls, developers should consult with competent counsel to determine whether their projects should be registered with the CFPB or are otherwise eligible for exemption. Failure to comply could result in the return of purchasers’ deposits years after initial sales even after the sales have closed, as well as significant penalties and fines. m Judyann Lee is an attorney in the Common Interest Practice Group of Linowes and Blocher LLP and represents developers of condominiums and community associations. She may be reached at jlee@linowes-law.com or 301-961-5234.

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The Engineer’s Angle Soil and Tree Preservation on Infill Lots

by Michael Norton, RLA, Norton Land Design LLC

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rees and the urban canopy seem to be on everyone’s mind whether developer or plan reviewer. There has been much discussion on how to meet the needs of development while balancing the “ecological infrastructure” already in place. When handling infill development on small lots in urban areas it is critical to understand the importance of preserving the soil structure around the roots of the big trees often encountered. Ever more important is preservation of the existing roots on neighboring properties.

Neighbors are often tense to begin with when they see the equipment pull up to the house next to them and silt fence placed at the property lines.

There are small steps that can be taken to reduce the impacts to onsite trees that may provide character to the redeveloped site. Some of the most overlooked techniques for good tree preservation actually start with sound soil preservation. Soil compaction is harmful as it reduces the amount of pore space in the soil normally filled by oxygen (micro-pores) and water (macro-pores). The use of techniques such as root mats and vertical mulching pay huge dividends in reducing root compaction.

Root Matting – This is a great option for areas within your limits of disturbance where you will be driving, staging, stockpiling or needing general access but will not be cutting or filling grades. First, establish the critical root zone of the trees to be preserved and spread six inches of woodchips or bark mulch and overlay thick construction plywood or a product such as AlturnaMats. For added resistance to severe compaction areas lay geotextile fabric over the ground area prior to the woodchips. The woodchips will decompose during long construction periods and will need to be replenished as necessary. After project completion remove the mat and geotextile but use the woodchips onsite if possible. The soil surface may have to be lightly tilled to break up the very top interface with the geotextile.

Vertical Mulching – In more extreme cases where root matting may not have been feasible or after construction and root matting has been removed, a series of holes is excavated with an air tool, such as Air Spade, in a grid pattern within the critical root zone. This breaks up compacted soil and promotes root growth while preserving any roots and infrastructure already in place. Typically the holes start a few feet from the trunk and are spaced 18 to 24 inches apart and up to 18 inches deep and 2 to 3 inches diameter.

The holes are backfilled with compost material and amendments. Mound the backfill slightly to allow for settling.

Root Aeration Matting - In areas of soil fill around potential save trees an aeration matting may be used. This modified geotextile matting creates artificial pore spaces allowing exchanges of air and gases with the root zones and not smother the roots with the compacted fill material above. First delineate the area of fill and add the matting beginning at the toe of slope back toward the tree until grade is met. At this point the fill material can be added over the modified geotextile.

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Filter Logs – Above all, remember these techniques for preserving roots and soils will not work if silt fence has been trenched in between the subject trees and the area of soil preservation. Where applicable, work with the sediment control plan reviewers and inspectors to use the filter systems that are staked instead of trenched, thereby preserving roots within the limits of disturbance. This is an extremely important technique for helping to preserve trees on adjacent properties downhill where sediment control measures are necessary.

Although there are not regulations in place everywhere (yet), mature healthy trees preserved on existing lots not only add value to your and your neighbor’s property while creating a desirable place to live and work, but provide shade, while reducing summer air temperatures and stress on residents. m Michael Norton is Principal Landscape Architect and Site Development Consultant at Norton Land Design LLC (www.NortonLandDesign.com), a Landscape Architecture, Site Design and Environmental consulting firm providing effective design solutions to residential and commercial developers and builders. Mr. Norton is a Registered Landscape Architect and Certified Arborist with 16 years of design and planning experience.

BUILDING IN MARYLAND AND WASHINGTON, DC

MNCBIA Membership New Members & Reinstatements (4/1/12 – 5/31/12) BUILDERS

DNF, Inc. General Contractor/ Home Improvement Keith Towery 4390A Henninger Court Chantilly, VA 20151 Ph: 703-968-6700 x302 Fax: 703-968-8352 keithtowery@suburbankitchens.com Sponsor: Tom Marshall

ASSOCIATES

Artelye Marble & Granite Building Materials/ Builders Specialty Items Josh Goltay 10116 Bacon Drive Beltsville, MD 21075 Ph: 301-931-6616 Fax: 301-931-0667 josh@artelye.com Sponsor: Steve Nardella

Homefirst Communities, LLC Building Single Family Homes Douglas Nyce 10451 Mill Run Circle, Suite 400 Owings Mills, MD 21117 Ph: 410-356-8870 Fax: 410-356-8804 doug.n@nyceco.com Sponsor: Mike Rubinfield

Buhrstone Brick Inc. Water and Sewer Contractors Anne Vander Duim 25500 Old Hundred Road Dickerson, MD 20842 Ph: 301-370-3125 Fax: 301-874-3838 buhrstonebrick@gmail.com Sponsor: Tom Marshall

NDI of Maryland, LLC Builder/Custom Building/ Remodeling Tom Lizzio 134 Holiday Court, Suite 300 Annapolis, MD 21401 Ph: 410-266-5634 Fax: 410-266-5635 tlizzio@ndimd.com Sponsor: Larry Cafritz

Caliber Funding, LLC Mortgage Banking Tim Jarboe 6404 Ivy Lane, Suite 700 Greenbelt, MD 20770 Ph: 240-297-3810 Fax: 866-296-5003 tim.jarboe@caliberfunding.com Sponsor: Mike Rubinfield

Richmond American Homes of MD Builder/Single Family Homes Jeff Ott 6210 Old Dobbin Lane, Suite 190 Columbia, MD 21045 Ph: 410-312-2557 Fax: 410-312-2805 jeff.ott@mdch.com Sponsor: Tom Farasy Walton Development & Management Land Developer Melanie Graf P.O. Box 899 Berryville, VA 22611 Ph: 540-432-2158 mgraf@walton.com Sponsor: William Shipp

DCF Contracting Construction Consultant/ Construction Materials Travis Drawbaugh 7679 Limestone Drive Gainesville, VA 20155 Ph: 570-248-0494 william@dcf-contracting.com Sponsor: Steve Nardella E & E Carpenter, Inc. Carpentry-Finish Ever Ortiz 2270 Pimmit Run Lane, Suite 101 Falls Church, VA 22043 Ph: 703-863-9345 Fax: 703-533-3659 info@eandecarpenter.com Sponsor: Michael Rubinfeld E.L. Roselle Carpentry L.L.C. Carpentry-Finish Gene Roselle 7914 Eagleview Drive Chesapeake Beach, MD 20732 Ph: 301-440-3199 roselleinc04@yahoo.com Sponsor: Jeff Caruso

Federal Home Solutions Inc. Renovation/Restoration Contractors Brian Brock 79 South Colonial Avenue Westminister, MD 21157 Ph: 410-409-8128 bbrock@federalhomesolutions.com Sponsor: Steve Nardella Fraser Wallace Advertising Marketing/Advertising Specialties Susan Ackman 45195 Business Court, Suite 120 Dulles, VA 20166 Ph: 703-264-6400 Fax: 703-264-7437 susan@fraserwallace.com Sponsor: Howard Katz Hughes Landscaping + Supply Co. Inc. Landscape-Contractors/ Architects John Hughes 16111 Morrow Road Poolesville, MD 20837 Ph: 301-330-4949 Fax: 301-977-4949 jhughes@hugheslandscaping.com Sponsor: Tom Marshall Maryland Foundation, Inc. Concrete Contractors Scott Wyler 8810 Cooridon Road Annapolis Junction, MD 20701 Ph: 301-317-3324 Fax: 301-317-3377 swyler@verizon.net Sponsor: Jeff Caruso Maryland Sign Design, Inc. Architects/Millwork/ Carpentry-Finish Kimberly Rentz 7741 Woodbine Road Woodbine, MD 21797 Ph: 410-549-2390 Fax: 410-549-2705 info@marylandsigndesign.com Sponsor: Tom Marshall

Mendes Construction, Inc. Concrete Contractors Orlando Mendes 13075 Zekiah Drive Waldorf, MD 20601 Ph: 301-638-4153 Fax: 301-638-3636 mendescons54@gmail.com Sponsor: Tom Marshall Paramount Steel, Inc. Construction Labor Steve Lee 5800 Ranchester, Suite 202 Houston, TX 77036 Ph: 713-787-6606 Fax: 713-787-6007 stevelee@paramount-steel.com Sponsor: Tom Marshall Pro Build Brick & Mfg. Supplier/ Building Materials Clint Vance 7595 Technology Way Denver, CO 80237 Ph: 724-825-5846 clint.vance@probuild.com Sponsor: Jeff Caruso S.B.S. Siding Co. Inc. Siding Contractors Kwang Ku 45710 Oakbrook Court Sterling, VA 20166 Ph: 703-430-7366 sbssiding@hotmail.com Sponsor: Mike Rubinfield Shipshape IT Consulting Chris Hall 7920 Norfolk Avenue, Suite 810 Bethesda, MD 20850 Ph: 301-941-1444 chall@shipshapeit.com Sponsor: Michael Faerber Skyetec Inc. Consulting Peter Staaf 4232 40th Street NW Washington, DC 20016 Ph: 202-280-3745 pstaaf@skyetec.com Sponsor: Steve Nardella

Studebaker Submetering, Inc. Utilities Contractors Cory Ellenhorn 5350 Shawnee Road, Suite 103 Alexandria, VA 22312 Ph: 703-916-9004 Fax: 703-916-9011 cellenhorn@studebaker submetering.co Sponsor: Tom Marshall Swift Flooring Contractors, LLC Floor Covering/Contractor Jim Parker 10611 Iron Bridge Road, Suite A&B Jessup, MD 20784 Ph: 301-543-8070 Fax: 301-543-8079 parkerjim7@aol.com Sponsor: Steve Nardella Trussway Manufacturing, Inc. Roofing/Floor Contractors Craig Aufderhar 11540 Shannon Drive Fredericksburg, MD 22408 Ph: 540-898-3477 Fax: 540-898-3885 caufderhar@trussway.com Sponsor: Glen Ferguson

REINSTATEMENTS

BBR Enterprises, LLC Builder/Developer Bob Davis P.O. Box 219 Solomons, MD 20688 Ph: 301-580-8801 prdavis22000@yahoo.com Sponsor: Steve Nardella Denison Landscaping Landscape Contractors Duane Denison 8911 Oxon Hill Road Ft. Washington, MD 20744 Ph: 301- 567-0210 Fax: 301-839-4051 duane@denisonlandscaping.com Sponsor: Tom Marshall & Jeff Caruso

MNCBIA’s Most Wanted List Listed here are firms whose membership in MNCBIA has lapsed in recent months. WE WANT THEM BACK!

Please encourage these companies to reinstate their membership. Also listed are prospective members we are working to add to our team.

All Temp Heating & Air Conditioning • AMEC Contracting • Augustine Plumbing • Clearwater Landscape & Nursery • Colorworld Painting & Drywall • Comstock Services • DeFore Designs • Digiterra Design, LLC • Domus Partners, LLC • DOW Solutions • Ferguson • Guardian Realty Management, Inc. • Hatfield Equipment Services • JW Shipley • K.V. Gessford, Inc. • Lee Building Supply • McCormick Paints • Patriot Land & Wildlife • Porcelanosa • Rexel • Stang Plumbing • Tower Companies

BUILDING IN MARYLAND AND WASHINGTON, DC

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JULY/AUG 2012

17

Events Calendar STARS Club (as of 4/1/2012) The special members of MNCBIA’s STARS Club allow the Association to provide better services

JULY 2012 3 Custom/Small Builders Committee

5

for your benefit, to function effectively, to continue special events dedicated to excellent networking and to strengthen our Advocacy program.

GOLD

50+ Awards Committee

10 Codes & Standards Committee

11 Green Building Committee Environmental Committee

Development Guarantee Group of Montgomery County Hanley Wood Market Intelligence Elm Street Development NVR, Inc. Pleasants Development, Inc.

SILVER

12 MNCBIA Executive Committee meeting

19 Home Builders Care Foundation board meeting

25 MNCBIA’s Membership Committee

AUGUST 2012 1

Acacia Federal Savings Bank BB& T Georgetown Insurance Service, Inc. Lerch Early & Brewer, Chtd.

Linowes & Blocher, LLP Loiederman Soltesz Associates, Inc. McMillan Metro, P.C. Miles & Stockbridge, P.C. Rodgers Consulting, Inc. Winchester Homes Inc.

BRONZE

Ballard Spahr LLP Burgess & Niple, Inc. Charles P. Johnson & Associates Craftmark/Craftstar

Environmental Committee

2 50+ Awards Committee

8 Green Building Committee

9 MNCBIA Executive Committee meeting

14 Codes & Standards Committee

29 MNCBIA’s Membership Committee

INDEX OF ADVERTISERS Appliance Distributors Unlimited, Inc..............................................Back Cover Builders Mutual Insurance Company..................................................Page 19 Efficiect Homes..............................................................................Page 07 GE Appliances...............................................................................Page 03 Georgetown Insurance Service, Inc....................................................Page 18 Linowes & Blocher LLP...................................................................Page 07 Louis Tenenbaum...........................................................................Page 09 Monument Bank............................................................................Page 16 Shulman Rogers............................................................................Page 07 Signature Companies......................................................................Page 04 Tremco Barrier Solutions.................................................................Page 14 Vintage Security.............................................................................Page 02

18

JULY/AUG 2012 |

BUILDING IN MARYLAND AND WASHINGTON, DC

Greenhorne & O’Mara Inc. Gutschick, Little & Weber, PA Mid-Atlantic Builders, Inc. Reznick Group Sandy Spring Bank Shulman Rogers St. Charles Community, LLC Washington Gas

FRIEND

Baker Tilly Bowman Consulting Group, Ltd. Bozzuto Homes Caruso Homes Inc. Dewberry Dico, Inc. EYA Furey Doolan & Abell, LLP Geo-Technology Associates Inc. K Hovnanian Homes Liberty Homebuilder, Inc. Macris Hendricks & Glascock, P.A. Michael Harris Homes Miller & Smith Homes Mitchell & Best Homebuilders LLC O’Malley Miles Nylen & Gilmore Ward & Klein Chtd.

1738 Elton Road, Suite 200 Silver Spring, MD 20903