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EXCLUSIVE MAGAZINE OF THE MARYLAND-NATIONAL CAPITAL BUILDING INDUSTRY ASSOCIATION JULY/AUGUST 2010 IN MARYLAND AND WASHINGTON, DC 2010 Custom Builder Awards

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Exclusive magazine of the Maryland-National Building Industry Association

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Page 1: BUILDING in Maryland and Washington, DC

EXCLUSIVE MAGAZINE OF THE MARYLAND-NATIONAL CAPITAL BUILDING INDUSTRY ASSOCIATION JULY/AUGUST 2010

IN MARYLAND AND WASHINGTON, DC

2010 Custom Builder Awards

Page 2: BUILDING in Maryland and Washington, DC

2 JULY/AUGUST 2010 | BUILDING IN MARYLAND AND WASHINGTON, DC

Page 3: BUILDING in Maryland and Washington, DC

BUILDING IN MARYLAND AND WASHINGTON, DC | JULY/AUGUST 2010 3

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

JULY/AUGUST 2010

5

9

14

FEATURES 5 2010 Custom Builder Awards Honoring Fine Design and Quality Workmanship

9 Multifamily Revs Its Engines Multifamily is Leading the Real Estate Recovery

14 Tennis Anyone? Members turn out for MNCBIA’s 2nd Annual Tennis Tournament

DEPARTMENTS 4 A Message from the President

11 The Legal Pad

12 The Engineer’s Angle

13 MNCBIA Membership News MNCBIA’s Most Wanted List

STARS Club

New Members

14 Events Calendar

Maryland-National CapitalBuilding Industry Association

1738 Elton Road, Suite 200Silver Spring, MD 20903

Phone (301) 445-5400 Fax (301) 445-5499E-mail: [email protected]

Website: www.mncbia.org

2010 Executive Committee

2010 Board of Directors

MNCBIA StaffExecutive Vice President - Diane K. Swenson, JD, CAE

Communications Manager - Kelly H. Grudziecki

Financial Services Manager - Linda Groft

Director of Government Affairs - F. Hamer Campbell, Jr.

Associate Director/Government Affairs -Raquel Montenegro

Associate Director/Regulatory Affairs -Annette T. Rosenblum

Membership Manager - Debi Turpin

Member Services Manager - Samantha Ager

Program Manager - Builders Development Guaranty Group -Debi Turpin

Program Manager - Home Builders Care Foundation -Patricia B. Kane

Edward (Guy) R. Curley, IIIPresident

Jim KettlerVice President/Calvert Co.

Doug MeekerVice President/Charles Co.

Robert J. SpaldingVice President/Montgomery Co.

Marty MitchellVice President/

Prince George’s Co.

John B. Norris, IIIVice President/St. Mary’s Co.

Brian (A.J.) JacksonVice President/Washington, DC

Frank Bossong, IVP.E., Associate Vice President

Steve NardellaTreasurer

Dave LundenVice President, State Legislative/

Secretary

Robert A. JacobsLife Director

Thomas M. FarasyImmediate Past President

Stephen P. ElmendorfLegal Counsel

Diane K. SwensonCAE, Executive Vice President

Bill BiloHillary Colt Cahan

Mike ConleyChuck CovellTony Crane

Timothy DuganKen Dunn

Andrea Leahy-FucheckRobert HarrisHoward Katz

Gary KretDavid Little

Charlene F. Parker-Thayer

Stephen PaulNanci Porten

Karen RadischMarc Rose

Andy RosenthalGary Rubino

Ronald RymerTed Smart

Ray SobrinoClark WagnerPeggy White

Bryan WhittingtonCarter Willson

Published for:Maryland-National CapitalBuilding Industry Association1738 Elton Road, Suite 200Silver Spring, Maryland 20903301 445-5400Fax: 301 445-5499E-mail: [email protected]: www.mncbia.org

Published by:

E&M Consulting, Inc.80 West 78th Street, Suite #230Chanhassen, MN 55317800-572-0011Fax: 952-294-9944Website: www.emconsultinginc.com

Published April 2010 MNC-S0210/9844

Page 4: BUILDING in Maryland and Washington, DC

4 JULY/AUGUST 2010 | BUILDING IN MARYLAND AND WASHINGTON, DC

F R O M T H E P R E S I D E N T

Edward R. Curley, III

Team Work is the Best Answer

W ow! It’s July 1st and there are only 169 days left

in the Curley Presidency. I appreciate all of you

who responded to the Nominating Committee’s

call for action for 2011. When I spoke to Mr. Tom Farasy, I

graciously accepted the position of Past President and am

looking forward to writing my memoirs.

All kidding aside, the first half of this year went by

extremely fast. It seems like the legislative session just

got started when the back-to-back snowstorms were upon

us. April showers came and went along with Sine Dine.

As Maryland’s General Session came to a close we barely

had time catch our breath before dissecting the effects of

the MDE’s Stormwater Regulations. And before we knew it,

new tasks were looming on the horizon. Without the entire

MNCBIA team in action, our spring could have remained a

soggy one for a long time.

As the dog days of summer are upon us and we

get sidetracked with summer vacations, ballgames and

cookouts, I want to thank each of you for your commitment

to the MNCBIA. This remains one of the most resilient,

creative and caring teams of folks I have been involved

with and I am proud to lead.

Moving forward into the second half of 2010, we will

be challenged mainly from the lack of new (or being able to

expand) current Acquisition, Development & Construction

loans. In addition you may be called on by one of your

teammates to participate with EPA Effluent Limitation

Guidelines (state implementation), EPA Baywide TMDL

or the Federal Executive Order Initiatives. The Cardin/

Cummings Bay Chesapeake Bay Clean up and Reautho-

rization Act could also impact our industry for many years

to come.

If we continue to work as a team we should be able

to finish our year with a winning record. But in order to

be successful we need to expand our team roster. This

can be accomplished by continuing to partner with other

stakeholder groups on common missions and by bringing

in new members to the MNCBIA team.

We so strongly believe in the value of membership at

MNCBIA that we have just approved a “First Year Money

Back Guarantee Membership” that begins on July 1st. To

receive a refund of first year’s dues, the member must write

to our Executive Vice President, Diane Swenson, asking for

a membership dues refund and indicating the nine events

they have attended during that first year of membership. Our

membership co-chairs Marc Rose and Michael Faerber are

always happy to help with recruiting efforts, and to answer

your questions about this new offer, so feel free to email them

at [email protected] or [email protected].

All teams need trophies now and then to boost morale.

Inside this issue, you will find the winners of our 2nd Annual

Tennis Tournament. You will also see that some of your

teammates have excelled in the area of custom building. I

was fortunate to be able to greet and pass out the awards

at the event, now in it’s 16th year. All of the entrants and

winners did a great job and should be commended for

doing extraordinary things in a tough market.

Cheers!

Is The Housing Industry Under SiegeBy Our State And Federal Elected Officials? You Be The Judge!

Proposed Maryland RegulationsE - Storm Water regulation implementation

E - Storm Water redevelopment policy issues

P - Erosion and Sediment Control draft

regulation/technical standards

P - Maryland NPDES re-opener modifications

(This would make Maryland the first state with

Effluent Limitation Guidelines.)

H - Controlled Hazardous Substance draft regulations

E - State Highway Administration entranceway draft regulations

H - New Home Third Party Warranty draft regulations

P - Advanced energy efficiency construction requirements

Federal RegulationE - EPA Effluent Limitation Guidelines (state implementation)

P - EPA Baywide TMDL (Expected by July 2010,

with implementation by December 2010.

This will then trigger local watershed implementation

plans as a result of TMDLs)

P - Federal Executive Order Initiative

Legend E=Enacted W=Withdrawn A=Amended

U=Unfavorable P= Pending H=Holding

NA=No Action

Page 5: BUILDING in Maryland and Washington, DC

BUILDING IN MARYLAND AND WASHINGTON, DC | JULY/AUGUST 2010 5

C ustom homebuilders, architects and remodelers throughout the greater

Washington region were awarded top honors for their fine design and

quality workmanship in the annual MNCBIA Custom Builder Awards on May

20th at the Bethesda Marriott Hotel.

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

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

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

and plans.

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

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

Speculative Home Under 3,500 sq. ft.

- Gold -Warren Brothers Construction » Architect: Susan Keeney

- Silver -Studio Z Design Concepts, LLC » Builder: Zuckerman Partners

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

- Gold -Chase Builders, Inc. » Architect: Studio Z Design Concepts, LLC

2010Custom Builder Awards

Page 6: BUILDING in Maryland and Washington, DC

6 JULY/AUGUST 2010 | BUILDING IN MARYLAND AND WASHINGTON, DC

Speculative Home Over 7,500 sq. ft.

- Gold -Camberley Homes » Architect: Bassenian Lagoni

Speculative Traditional Home

- Gold -Three Brothers Land Company, Inc. » Architect: Claude C. Lapp, AIA

Speculative Transitional Home

- Gold -Laurence Cafritz Builders » Architect: Sutton Yantis Associates Architects

- Silver -Bethesda Bungalows » Architect: Christian Gladu

- Bronze -Crescendo Builders, LLC » Architect: GTM Architects

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

- Gold -Sandy Spring Classic Homes, LLC » Architect: Studio Z Design Concepts, LLC

- Silver -Mangan Group Architects » Builder: Turning Point Homes, LLC

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

- Gold -Alliance Homes » Architect: GTM Architects

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

- Gold -Sandy Spring Builders, LLC » Architect: Custom Design Concepts

- Silver -Studio Z Design Concepts, LLC » Builder: Sandy Spring Builders, LLC

Page 7: BUILDING in Maryland and Washington, DC

BUILDING IN MARYLAND AND WASHINGTON, DC | JULY/AUGUST 2010 7

Custom Home Over 12,500 sq. ft.

- Gold -Meridian Homes Inc. » Architect: Custom Design Concepts

Traditional Custom Home

- Gold -Washington Metropolitan Homes » Architect: Chris Lapp

- Silver -Chrisler Homes, LLC » Architect: Raoul Lissabet Architects, LLC

Transitional Custom Home

- Gold -Paramount Construction, Inc.

- Silver -Chuck Sullivan Homes, LLC » Architect: Van Franke & Studio Z Design Concepts, LLC

New or Remodeled Kitchen

- Gold -Warren Brothers Construction, LLC » Architect: Tom Nyein, AIA

Custom Addition Over 2,000 sq. ft.

- Gold -Bell Builders, Inc. » Architect: Scott Spencer

Partial House Renovation

- Gold -Alliance Homes

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8 JULY/AUGUST 2010 | BUILDING IN MARYLAND AND WASHINGTON, DC

Whole House Renovation Under 2,000 sq. ft.

- Gold -Douglas Construction Group, LLC » Architect: Michael K. Bell

Whole House Renovation Over 2,000 sq. ft.

- Gold -Mangan Group Architects » Builder: Rosenthal Homes

- Silver -Sandy Spring Builders, LLC » Architect: GTM Architects

- Bronze -Gibson Builders, LLC » Architect: GTM Architects

Whole House Renovation (Adaptive Re-Use)

- Gold -Brooks Run Builders

Congratulations to all the winners whose work creates both homes and masterpieces.

And finally, a special thank you to Dennis Hockman, publisher of Chesapeake Home Magazine, and our official partner in these awards, as well as our Grande Sponsor, Century Stair Company and our Friend of the Custom Builder Awards, Insurance Associates, Inc. m

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BUILDING IN MARYLAND AND WASHINGTON, DC | JULY/AUGUST 2010 9

Multifamily is leading the real estate recovery. Fueled by

echo-boomers, it will eventually blast off.

But not just yet.

Multifamily Revs Its Engine

“H ere’s my favorite statistic,” says Tom Bozzuto. “The class starting college in September of 2009 is the largest class in the history of higher education in the U.S.”

As CEO of the Washington, DC-based residential development firm The Bozzuto Group, Bozzuto knows this statistic foretells the coming of a flood of young apartment renters within a couple of years. Called Millennials or Echo Boomers, they are the children of the Baby Boom generation, a massive 80-some-million strong population segment that multifamily developers and operators are looking forward to meeting.

“The historical pattern is that when young people move out and form their own households, they move into apartments first,” Bozzuto says.

Add to that the federal government and its ability to create jobs and attract young people, and you can see why multifamily real estate in the national capital region is poised to blast off.

First Things FirstBut first, multifamily has to lead other categories of real estate out of the Great Recession. That process seems to have begun as demand for apartments is growing and capitalization rates for multifamily developments are falling across the region.

“Occupancy rates are up substantially throughout the area,” observes Bozzuto, whose firm manages 30,000 apartment units between suburban Virginia and Baltimore. “Landlord concessions are lessening significantly, and job creation is getting underway. It is much more of a landlord’s market than it has been.”

It is also becoming a sellers market. “We are seeing interest in Class A multifamily properties,” says Tom Farasy, president of Terra Verde Communities, LLC, in Burtonsville, MD. “Brokers tell me that they are receiving 10 to 15 offers on Class A properties.”

Multifamily capitalization rates are compressing. “About nine months ago, the spigot turned on in metro DC” says Asheel Shah, vice president of investments with Kettler, Inc., in McLean, VA. “Nine months ago, cap rates for Class A-B+ rehab product was probably around 7. Today, those properties are probably averaging sub 6.

“Core Class A high-rise buildings were in the mid to high 5s nine months ago. Today, they are in the mid to low-5 range.”

Not That EasyNothing about the Great Recession has been easy, though. While investors are doing better, developers are not. As more renters come into the market, they drive demand and rents up. Investors will pay more for more income, so cap rates are going down.

Generally, rising demand will bring more developers into the market. Not now, though, or at least not yet. “There has been no new product added to the DC metro market for a long time,” says Bozzuto.

The reason? Credit availability. “The only commercially acceptable lending source for new construction out there for multifamily today is the HUD 221 D4 program,” says Farasy. “Being the only lender in town means that HUD can be extremely selective. In our area, HUD isn’t interested in garden apartments. Instead,

Photo Courtesy of: The Bozzuto Group

By Michael Fickes

The credit markets aren’t locked up completely as they were a year ago.

Some projects aremoving forward.

Page 10: BUILDING in Maryland and Washington, DC

10 JULY/AUGUST 2010 | BUILDING IN MARYLAND AND WASHINGTON, DC

it wants to do the newest style of developments such as transit oriented. At the same time, the agency won’t consider financing deals in areas like Rockville where there is transit oriented development but perhaps not enough demand to take on any new supply.

“In addition, HUD is right now tightening its underwriting standards to require more equity.”

“Commercial lenders say that they are in the market and willing to entertain construction loans for well-thought out projects,” says Bozzuto. “But I suspect they will want developers to hold a 30 percent or higher share of equity.”

Credit availability remains sluggish because lending institutions have not yet dealt with their non-performing loans and can’t afford to make new loans. A recent report by the CoStar Group, Inc. in Bethesda, MD, found that the amount of delinquent multifamily loans rose 59 percent to $12.7 billion between the first quarter of 2009 and the first quarter of this year. All told, foreclosed commercial real estate grew by 73 percent from a year ago to $31.3 billion.

Up From RecessionThen again, the credit markets aren’t locked up completely as they were a year ago. Some projects are moving forward. Terra Verde is working on two projects. The Bozzuto Group has a number of projects in its pipeline including three in the national capital region. And the massive White Flint development, projected to provide work for developers for 20 years or so, is just getting underway.

According to Farasy of Terra Verde: “We are just finishing entitlements for a 300 multifamily unit development abutting the University of Maryland campus. I’m also working on a 200-apartment deal in Darnestown, MD. It will have four stories and an elevator.”

One of the Bozzuto developments is a suburban site. Another occupies a site adjoining the subway in downtown DC. The third is in Bethesda. “Most of what we are doing is high-density, transit-oriented and mixed-use,” Bozzuto says.

In late March of this year, the Montgomery County Council gave unanimous approval to a plan to transform 430 acres in White Flint along Rockville Pike into self contained villages where residents will live, shop, play and often work. The Washington Post places the project within “a national movement to re-engineer older neighborhoods built around America’s love affair with the car.”

The development will eventually include a local circulating bus system, bike paths and walkways that connect communities and commercial centers. Residents will take longer trips on Metro and at some point in the future by way of MARC.

The plan calls for 10,000 new housing units in high-rise buildings. By contrast, White Flint now counts about 2,400 homes within its boundaries.

Is the White Flint transit oriented development plan the wave of the future in multifamily development? “It certainly is a significant multifamily trend,” says Jorgen Punda, a regional vice president with Atlanta-based Gables Residential, speaking from his offices in McLean.

A privately held multifamily real estate investment trust (REIT), Gables owns 3.5 acres in White Flint and plans to build a multifamily project there. Gables is also part of the White Flint Partnership, a group through which half a dozen White Flint developers are coordinating their work.

If White Flint does not represent a trend, it does bear watching. The Washington Post reports that the planners believe the project will “persuade at least half of the

estimated 50,000 people who eventually would work in White Flint to stop relying on cars” by living nearby or using the mass transit resources.

The EchoBoom ComethWhile White Flint cranks up its 20-year development program, the local economy will continue to recover. Observers expect the commercial real estate market to lag behind the general recovery. On the other hand, the multifamily real estate market is expected to lead the commercial real estate recovery. “It will recover sooner than the other categories,” Farasy says. “Even then it will take until 2012 and 2013 for the multifamily development markets.”

Why so long? Remember that 2009 was the year that the nations largest ever class of college freshman matriculated. That class, the peak year for Echo Boomers, will graduate in 2013, find a job in the recovering employment market and start looking for an apartment.

Several years after that, the Echo Boomers will marry, have children, and start to rev up the single family and multifamily ownership markets. m

Multifamily Trends ConferenceThe Maryland-National Capital Building Industry Association’s (MNCBIA) Multifamily Trends Conference will take place this coming November 17. Tom Marshall, regional partner and vice president with Elm Street Development and chair of the MNCBIA Multifamily Council, has already begun planning the event.

“Any topic is on the table,” he says. “We’ll look at trends in the market, pricing, finance, construction, products and demographics.”Ron Terwilliger, Chairman Emeritus, Trammell Crow Residential, will give the keynote speech and discuss his perspective on the multifamily industry. Julie Smith

of Bozzuto, Drew Dolben of Dolben, Peter Gartland of Donohoe, Greg Bonifield of Woodfield Investments and Anirban Basu of the Sage Policy Group will be on the program.

“I invite all those in the housing industry, even if your primary line of business is not multifamily. It promises to be a great conference,” says Marshall. m

New Storm Water RegsMay Hamper Multifamily Development Multifamily developers contend that Maryland Department of the Environment (MDE) regulators should oppose their own new stormwater run off rules.

The state is pushing for more transit-orient-ed development — mixed-use developments with restaurants, retail shops, office facilities and residential rental and condominium space. The new stormwater regulations, however, push multifamily developers out into the suburbs.

Under the new regulations, development sites must allow stormwater to run off into green space and be absorbed directly into the ground. The old regulations called for underground retention tanks in the city and ponds in the suburbs that would capture run off and route it back to a river or creek and ultimately the Chesapeake Bay. Today, however, run off has been declared a source of Bay pollution. So instead of routing stormwater run off back to the Bay, the state wants developments to allow stormwater to run off into green areas on site, where the earth will absorb it.

“That means we need to build rain gardens, swales and other green space that reduces the density of the development,” says Tom Farasy, president of Terra Verde Communities, LLC, in Burtonsville, MD. “But urban transit oriented developments require density to earn a profit. Green space reduces density. These sites are economically challenged already. A developer can’t sacrifice density and still pencil out a project.”

The upshot? Farasy says builders will move multifamily developments to the suburbs where green space is readily available and less expensive — exactly what smart growth principles try to avoid.

Since the rules were first issued, says Farasy, developer lobbying has brought about some changes in the regulations that will provide local jurisdictions with discretion in enforcing the new rules for redevelopments such as transit oriented mixed use projects. m

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BUILDING IN MARYLAND AND WASHINGTON, DC | JULY/AUGUST 2010 11

The Legal Pad

Is the Transition of Maryland Condominiums and Community Associations from Developers to Owners Out of Control? By Judyann Lee, Linowes and Blocher LLP

In October of 2009 the Maryland Condominium Act and the Maryland

Homeowners Association Act were both amended by the Maryland

legislature to require developers of residential condominiums and

homeowners associations to transition control of the boards of directors

of condominium associations and homeowners associations from the

developer to the homeowners. Under the Maryland Condominium Act, a

meeting of the condominium association to elect a board of directors must

be held within 60 days from the date that units representing 50 percent

of the votes in the condominium have been conveyed by the developer to

members of the public. Similarly, a meeting to elect the board of directors

of a homeowners association must be held within 60 days from the date

that at least 75 percent of the total number of lots that may be part of

the development are sold to members of the public. Under both acts, the

term of each member of the board of directors appointed by the developer

shall end 10 days after such transition meeting, provided a replacement

board member is elected. In addition, within 30 days of such meeting,

the developer must deliver to the replacement board, at its own expense,

certain items including, copies of all association books and records.

The foregoing revisions to the Maryland Condominium Act and the

Maryland Homeowners Association Act have arguably made it more difficult

for developers to maintain control over the development of their projects.

When a condominium or homeowners association is first started, the

developer is usually in the midst of developing and completing construction

of the project, as well as marketing and selling homes in the project. The

developer is investing large amounts of money, time and work in the project.

In order to protect its investment, the governing documents for the project

usually contain provisions that allow the developer to exercise control over

the development and operation of the project until a certain date in the future

or when a certain percentage of units or number of lots have been sold. This

‘developer control period’ could last a year or several years depending on

the size of the project, the construction schedule, and rate of sales of homes

in the project. During this ‘developer control period’ the developer appoints

the members of the board of directors for the association. By amending

these statutes the legislature clearly intended to require developers to

turn over control of the association to the homeowners, but it’s not clear

how much control. Does the developer, who may still own 50 percent of

the votes in a condominium or 25 percent of the lots in a homeowners

association still have the right to vote for members of the board of directors?

Can the developer’s appointees be nominated and run for election? What if

the project is a mixed-use project and the association’s board is comprised

of residential members and non-residential members – can the developer’s

non-residential board appointees remain on the board?

While the legislation does not provide clear answers to the foregoing

questions, a set of well-drafted governing documents will address any

ambiguities. The developer should consider early on what areas of the

project’s development it wants to control and reserve its rights to do so in

the governing documents. For example, the developer will want to reserve

the following rights: to approve the initial construction of any improvements

within the project; to add property to or withdraw property from the project;

to grant certain easements; and to correct errors in the governing documents

or otherwise make certain amendments or modifications to them. However,

the developer must also carefully balance its reservation of rights with the

legislative intent of passing control of the community to the homeowners.

While it’s not clear when the reservation of developer rights crosses the line

and runs afoul of this legislative intent, the more reasonable the reserved

right, the less likely it will be challenged by a homeowner or held by a court

to be prohibited under the statutes.

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 [email protected] or

301-961-5234. m

The developer should consider early on what areas of the project’s development it

wants to control and reserveits rights to do so in the governing documents.

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12 JULY/AUGUST 2010 | BUILDING IN MARYLAND AND WASHINGTON, DC

The Engineer’s Angle

Proactive Sediment Control Designto Minimize Future Compliance LiabilitiesBy Dusty Rood, AICP, LEED AP & Phil Hughes, PE, Rodgers Consulting, Inc.

A s this new generation of environmental regulations continues to unfold, the need to remain focused on adapting to change has never been greater. Maryland’s new stormwater regulations requiring Environmental

Site Design (ESD) are fundamentally different from the approach our industry has been dealing with for nearly two decades. Fortunately, with the help of the industry association’s leadership, opportunities to minimize the financial losses associated with this regulatory change were created. Looking forward, what other changes are expected and what can we do right now to plan our next project to avoid or minimize adverse future regulatory impacts?

Over the next several years three updated or new regulatory programs will begin to take effect that will directly impact our industry. These three programs, the 2010 Erosion/Sediment Control (E/SC) Standards, the Federal Effluent Limitation Guideline (ELG) and the State’s National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Activities will change the way land development projects are designed, permitted and constructed.

The 2010 E/SC Standards, currently in draft form but scheduled to be issued this year, change the way that the construction process occurs by requiring limits to the amount of disturbed land, the use of chemical treatment systems and reducing the timeframe for stabilization to occur.

The Federal ELG, which will be implemented through the State of Maryland, establishes a numeric limit of the turbidity of runoff from a construction site, which could require monitoring and enhanced treatment measures to maintain turbidity levels.

Third, the NPDES General Permit takes what used to be a simple process to obtain coverage and creates a complex process that facilitates public comment and increases coordination and timeframes.

With these recent and pending changes on the horizon there are many factors to consider as you plan your next project. One common thread that exists between these three programs is that the more land your project disturbs, the greater your liabilities, mitigation requirements and risk. Therefore, as soon as you finish reading this article you should evaluate your project’s Erosion & Sediment Control Plan and the area of disturbance relative to critical thresholds. For your reference, provided below is the list of important thresholds that every sediment control designer, site supervisor, and project manager should be mindful of.

1 Acre (43,560 sf)• Obtain NPDES General Permit coverage with a minimum 30 day

public review period and coordination of local E/SC Plans 3 Acres (130,680 sf)• Obtain NPDES General Permit coverage with a minimum 45 day

public review period and coordination of local E/SC Plans5 Acres (217,800 sf)• Provide passive chemical treatment 10 Acres (435,600 sf)• Provide active chemical treatment • As early as February 2014, comply with numeric turbidity limit of 280 NTU 20 Acres (871,200 sf)• Maximum area of ‘grading unit’, or allowable area of disturbance • As early as August 2011, comply with numeric turbidity limit of 280 NTU150 Acres (6,534,000 sf) in certain watersheds• NPDES General Permit coverage is no longer available and an

Individual Permit is required

While the benefits of exceeding these thresholds, such as earthwork balancing for example, may outweigh the costs in certain situations, these thresholds should be a part of the design and decision-making process. Hopefully this simple piece of information will be useful as you plan your next project. m

Dusty Rood, AICP, LEED AP is a Principal and Environmental Consultant with Rodgers Consulting, Inc. and is Chairperson of the MNCBIA’s Environmental Committee. Phil Hughes, PE is a Senior Associate and Water Resources Engineer with Rodgers Consulting, Inc. and serves on Montgomery County’s New Stormwater Products Committee.

Page 13: BUILDING in Maryland and Washington, DC

BUILDING IN MARYLAND AND WASHINGTON, DC | JULY/AUGUST 2010 13

MNCBIA Membership

BUILDERSDTB ImprovementsRemodelingDale Bilo5408 Whitfield Chapel Rd.Lanham MD 20706Ph: [email protected]: Bill Bilo

ASSOCIATESCapital Strategies, LLCPublic RelationsRobert Johnson155 Duke of GloucesterAnnapolis MD 21401Ph: [email protected]: Tom Farasy

FastsignsSign MakingHank Bharmal7634 Standish PlaceRockville MD 20855Ph: [email protected]: Joseph C Smith

Gordon FeinblattAttorneysTimothy Perry233 East Redwood StreetBaltimore MD 21202Ph: [email protected]: Tom Farasy

Homestead Building Systems, Inc,Building MaterialsMatt Danner10109 Piper LaneBristow VA 20136Ph: [email protected]: Marty Mitchell

JK Moving & StorageMatt Plumer7561 Lindbergh Dr.Gaithersburg MD 20879Ph: [email protected]: Marc Rose

Rubino Design & Consulting, LLCArchitectsGary Rubino2309 Twin Valley LaneSilver Spring MD 20906Ph: [email protected]: Edward Curley

Taksey, Neff & Associates, LLCAccountants & CPAsJeffrey Taksey2 Research Place Suite 310Rockville MD 20850Ph: [email protected]: Michael Faerber

TGM Granite & MarbleCountertop SuppliersYasar Ozturk11905 Bowman Drive Unit 505-506Fredericksburg VA 22408Ph: [email protected]: Marc Rose

STARS Club

New Members (as of June 1, 2010)

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.

Bluewing Environmental Solutions & Technologies, LLC

Ice Edge Business Solutions

Key Bank

Premier Lifts, Inc.

Elsroad Trim Corp.

Quiza Management, LLC

Site Maintenance Companies

Robert Charles Lesser & Co., LLC

Mason Dixon Funding

RBC Builder Finance

The Washington Post

Conteh Builders, Inc.

PDC, Inc.

GOLDAcacia Federal Savings BankBB&T BankDGG-MCHanley Wood Market IntelligenceLinowes & Blocher, LLPPEPCOPleasants Development, Inc.

SILVERGeorgetown Insurance Service, Inc.Loiederman Soltesz Associates, Inc.McMillan Metro, P.C.Miles & Stockbridge P.C.Rodgers Consulting Inc.

BRONZEBallard Spahr LLPBank of AmericaElm Street DevelopmentGutschick Little & Weber, P.A.Holland & Knight, LLPLearch, Early & Brewer, Chtd.Liberty Home Builder, Inc.Reznick Group P.C.Sandy Spring BankWinchester Homes Inc.

FRIEND1st Mariner BankBaker TillyBowman Consulting Group, Ltd.Bozzuto GroupBurgess & Niple, Inc.Charles P. Johnson & Associateschristopher consultants, ltd.Columbia BankCraftmark HomesDewberryDICOFurey, Doolan & Abell, LLPGE AppliancesGeo-Technology Associates Inc.Greenhorne & O’Mara Inc.

IDI-MD, Inc.K. Hovnanian HomesKim EngineeringM &T BankMacris, Hendricks & Glascock, P.A.Michael Harris DevelopmentMid-Atlantic Builders, Inc.Miller & Smith HomesMitchell & Best Homebuilders LLCShulman RogersSteuart-Kret Homes, Inc.Terra Verde Communities LLCWard & KleinWashington Gas

Page 14: BUILDING in Maryland and Washington, DC

14 JULY/AUGUST 2010 | BUILDING IN MARYLAND AND WASHINGTON, DC

Events Calendar

INDEX OF ADVERTISERS

Appliance Distributors Unlimited, Inc. .................Back Cover

General Electric ..................................................Page 15

Macris, Hendricks & Glascock, P.A. .......................Page 11

Shulman Rogers ................................................Page 12

Vintage Security ...................................................Page 2

Nearly two-dozen members turned out for MNCBIA’s 2nd Annual

tennis tournament at Congressional Country Club under sunny

blue skies. 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, four players came out on top, Danny Cantwell III, Counselors Title, LLC, Robert Malm and Ken Mergor, Craftmark Homes and Ray Sobrino, Porten Homes.

Winners received gift certificates to Congressional’s Tennis

Pro Shop, and the three highest scorers received Washington

Nationals tickets thanks to MNCBIA president Guy Curley.

Special thanks to our sponsors, Counselors Title, LLC, Craftmark Homes, Furey, Doolan & Abell, LLP, Wells Fargo Home Mortgage and Ballard Spahr, LLP, who helped make this

event possible. And thank you to BIA member Rick Sullivan, Jr. who was the originator and driving force behind this fun and

exciting event. m

Tennis Anyone?

JULY 20106 Custom & Small Builders Council meeting

7 Development Review Process Subcommittee [DRPS] Environmental Committee meeting

8 Home Builders Care Foundation board meeting WSSC Liaison Committee meeting

9 Prince George’s Liaison Committee meeting DC Liaison Committee meeting

13 Codes & Standards Committee meeting

14 Green Building Committee meeting

15 Executive Committee meeting

21 Montgomery Liaison Committee meeting St. Mary’s Liaison Committee meeting Charles Liaison Committee meeting

27 Record Plat Committee meeting

28 P&P Ad Hoc Committee meeting

AUGUST 20103 Custom & Small Builders Council meeting - TBD

4 Development Review Process Subcommittee [DRPS] - TBD Development Review Process Subcommittee [DRPS] - summer break Environmental Committee meeting

6 Prince George’s Liaison Committee meeting

10 Codes & Standards Committee meeting

11 Green Building Committee meeting

12 EPA Lead Paint Certification Seminar WSSC Liaison Committee meeting Executive Committee meeting

18 St. Mary’s Liaison Committee meeting Charles Liaison Committee meeting

19 General Membership Crab Feast

25 P&P Ad Hoc Committee - summer break

31 Record Plat Committee - summer break

Page 15: BUILDING in Maryland and Washington, DC

BUILDING IN MARYLAND AND WASHINGTON, DC | JULY/AUGUST 2010 15

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1738 Elton Road, Suite 200Silver Spring, MD 20903