9605 NE 24th Street • Clyde Hill, Washington 98004 425-453-7800 • Fax: 425-462-1936 • www.clydehill.org

THE CITY OF CLYDE HILL’S URBAN FORESTRY PROGRAM

Clyde Hill is a community with two very distinctive characteristics: landscapes and views. Many people in the community enjoy picturesque vistas. Because the City is located in a region well suited for plant growth, residents cherish their landscaping and have the opportunity to see plants develop rapidly.

Landscape related issues have become community problems as Clyde Hill matures and the effects of continued urbanization increase. A goal of the City is to find a balance between urban demands, such as views, and urban forest benefits, such as a beautifully landscaped neighborhood, by providing an Urban Forestry Program that will promote an accurate knowledge of appropriate plant materials and proper plant care. This on-going source of good information will reduce long-term conflicts of views and trees that in turn, will enhance the character and land values of the entire community.

To help strike an appropriate balance between urban growth issues and the maintenance of urban landscapes, the City adopted a unique View Ordinance in 1991 (revised in 2015), as one of three steps taken to develop an urban forestry program.

To achieve stability between urban demands, such as views, and urban forest benefits, such as a beautifully landscaped neighborhood, knowledge of appropriate plant materials and proper plant care are necessary. The City, the State Department of Natural Resources and the University of Washington have worked together to develop an Urban Forestry Educational Program as a second step to address these types of issues in Clyde Hill. Two Landscape Ordinances were adopted establishing a City Tree Board, landscaping regulations for plants on public property and a Landscape Review Program as a third integrated step to assist the City in finding harmony within these potentially opposing interests.

TREE, VIEW, SUNLIGHT REGULATIONS: For at least three years (89 – 91), the City Council and the Planning Commission in conjunction with Clyde Hill residents actively discussed the appropriate manner in which to address view obstruction matters. At the direction of the Council, an advisory vote was taken on the issue of whether the City ought to adopt a “View Ordinance,” which sets forth various view regulations. The result of the advisory vote was 61% in favor of adopting the regulations and 39% opposed.

OVERVIEW OF THE CITY'S "VIEW ORDINANCE": Chapter 17.38 of the Municipal Code was enacted in 1991 (later revised in 2015), and directs itself toward regulating the maintenance and restoration of views within the City of Clyde Hill. These regulations establish a specific process for resolving situations where the growth of one or more trees on a neighboring property unreasonably obstructs the view or sunlight reaching another particular property.

The initial step in the established process is for the complainant to make all reasonable efforts to find a voluntary solution with their neighbor. This is the most important and sometimes the most challenging step in the process. The intent of the View Ordinance is to exhaust all reasonable efforts to resolve these matters as neighbors, without governmental intervention. The experiences of many other people throughout Clyde Hill have demonstrated many successes when a degree of respect and sincerity for each neighbor's concerns was taken seriously.

If after exhausting all reasonable approaches as neighbors the view obstruction matter is still unresolved, the complainant is required, with the voluntarily concurrence of the tree owner, to seek the services of a mediator in an attempt to settle the matter.

If this is unsuccessful, the issue can go before the City's Board of Adjustment for a public hearing and a specific decision by the Board. The Board must base its decision on standards and guidelines set forth in Chapter 17.38 of the Municipal Code and on the factual testimony from a public hearing where the matter would be discussed. The tree owner and the complainant are bound by the Board's decision.

Any tree whose age precedes the incorporation of the City (1953) shall be exempted from these regulations.

EDUCATIONAL PROGRAM – LANDSCAPE REGULATIONS:

Goals: 1. To regulate new plantings such that they are less likely to become view problems when they mature and therefore reduce the need for continued maintenance of these plantings. The ultimate goal is to augment both trees and views to enhance the character and land values of the community.

2. To protect and manage the City's trees within the right of way, through the maintenance of visual, traffic, and overhead utility line clearances while adding to the community character through appropriate landscaping. To protect the underground utility systems from root invasion through proper landscaping in the right of way.

3. To incorporate the necessary provisions to become a Tree City USA, which will promote a continued awareness of urban forest and landscape issues among the community and especially with the schools.

BACKGROUND: For a number of years the Council and the Planning Commission discussed the possibility of developing landscape regulations to encourage appropriate plantings that would not mature into future problems for other members of the community.

In 1992, the staff developed a program with the State Department of Natural Resources and the University of Washington's College of Forest Resources, Center for Urban Horticulture, to place a graduate intern within the City to develop an educational program. Since that time, this program has taken form as the City's "Urban Forestry Project." Under the guidance of the State and the school, Elizabeth Walker did an outstanding job of developing the material necessary for the City to further its goals. Hundreds of copies of “A Citizen’s Guide to Urban Forest Management in the Town of Clyde Hill” have been distributed to the community with great educational and reference results. This guide was updated in 2004.

The City also developed ideas to legislate good planting. A first idea was to include a specific list of suggested species for allowable plantings relating to seven residential "tree zones." Plants that were not part of the suggested list or that did not meet these guidelines would be inappropriate plantings and illegal for that zone. Enforcement would be through an on-site review and comment session. The City Attorney had some problems with regulating landscaping on private property and felt that an ordinance prohibiting certain types of trees on private property would appropriately be challenged.

The City changed its approach towards a mandatory educational process as the means to promote the same objective. After reviewing the suggestions, in 1994 the City Council acted on the following elements of a Landscape Review Program:

A. Make the on-site review available to everyone by request.

B. Make the on-site review mandatory only for those who are applying for a building permit that will: 1. Change the footprint of the house 2. For those making any exterior changes to their house, or 3. In cases where there are known plans to modify landscaping as part of a project associated with a permit (i.e., demolition permit, moving permit or know up front that they will be re-landscaping)

C. Increase building permit fees to fund the landscape program. The initial building permit fee increase equated to an additional $1.50 charge for each $1,000 of improvement and generated an additional $8,500 a year. This expense has remained fairly consistent throughout time.

LANDSCAPE REVIEW PROGRAM

PROGRAM HIGHLIGHTS: •The City published "A Citizen's Guide to Urban Forest Management In The City Of Clyde Hill." This nationally recognized and award-winning guide discusses the issues and suggested best management practices for urban forestry issues throughout the different areas of Clyde Hill. The Guide is packed with the professional facts and tree lists needed to address major urban forestry issues within the unique sub-area of City.

•Using the Guide as a foundation, all Clyde Hill residents have an opportunity for a professional landscape review of their property.

•Beginning on June 1, 1994, a landscape review is mandatory for those who apply for a building permit that changes the "footprint" of a house or proposes building modifications that change the landscaping on the property. Reviews shall take place prior to final inspection of the work under the building permit.

•The landscape review will be conducted by a landscape professional (City Arborist) that will help provide information and tips. The reviewer is there as a source of good information.

•There is no requirement to use any of the reviewer's advice. Where the property owner intends to plant vegetation that may cause damage to streets, sidewalks, overhead or underground utilities or which may have an impact on views, the reviewer will suggest alternatives from the City's Guide and will explain the benefits of such alternatives.

•This free service is available to all City residents on a reservation basis.

• Over 400 landscape reviews have taken place throughout Clyde Hill since the beginning of this program

What is Tree City USA? •Recognizes cities across America who care about the trees in their community

•About 2500 Tree City USA's nationwide – About 35 cities recognized in Washington

Have to meet 4 standards: 1. Must have a Tree Board

2. Must have a community tree law

3. Must have an organized Urban Forestry Program and the City's must spend at least $2/person on its Urban Forestry Program --Clyde Hill spends about $10/person

4. Must celebrate Arbor Day --Clyde Hill has celebrated 25 Arbor Days

HAS THE URBAN FORESTRY PROGRAM WORKED? Clyde Hill has come a long way in its goal to develop a sense of harmony with the potentially opposing interests of views and trees. Through the help, successes and dedication of many people, the City has demonstrated that it is possible to strike a balance between urban growth issues and the maintenance of urban landscapes. However, it will continue to take on-going vigilance, hard work and accurate information to maintain this balance. Through the Landscape Review Program, the City will provide a continued community awareness and commitment.