On November 4th, 2021, the Hillcrest Cluster Board of Directors formally adopted the following policy pertaining to tree removal and emergency response.

The signed complete policy resolution (No. 2021-02) is available for download and your records as needed here.

Definitions

1. “Tree” refers to any plant species classified as a tree by a professional arborist.
2. “Common Area Property” refers to property owned and maintained by the Cluster which is accessible to all members of the Cluster Association and does not fall within the deed of any individual member homeowner property.
3. “Dead” refers to any tree which has reached the end of its usable reliable life, representing a risk of falling or damage to surrounding property.

Rules & Regulations

General Policies

1. The safety of persons and property is the first and most important priority. Accordingly, all owners, guests, visitors, tenants, and family members who use and/or traverse parts of the Cluster Association should use caution near damaged trees, or branches.

Conditions for Removal

1. A Tree located within the boundaries of a Lot may be removed by the owner of the Lot only in compliance with the conditions and standards described by the design standards of the Hillcrest Cluster Association and Reston Association. These standards articulate which trees may and may not be removed without a Design Review Board (“DRB”) Application submitted to the Reston Association. Note that this process may result in the requirement of the planting of a replacement tree according to the Reston Association DRB decision.
2. Trees may be removed by the Cluster Board of Directors from Common Area Property according to the conditions and standards described within the design standards of the Reston Association, which articulate which trees may and may not be removed without a DRB Application submitted to Reston Association. Note that this process may result in the requirement of the planting of a replacement tree according to the Reston Association DRB decision.
   1. Pursuant to these standards, the Cluster Association has the right to remove any tree which is dead and not shown on a DRB-approved landscaping plan.
   2. Dead trees will be identified and documented by the professional opinion of a certified arborist hired by the Cluster.
   3. The Board may elect to remove a living tree via a Reston Association DRB application, if there is concern by the Board that the tree meets any of the conditions below:
      1. There is uncertainty about the health of the tree, and it represents a risk to private Lot, structure, or Cluster Association property.
      2. The tree is a mature tree, with a documented history of its age that would align in the later quarter of the average lifespan of similar trees within the same species.
      3. The tree represents immediate or ongoing risk to a private Lot, structure or Cluster Association property without the provision of ample space available to ensure the health and prosperity of the tree.
   4. Any dead tree will be prioritized for removal from Common Area Property within the budget constraints and considerations of the Cluster Association management.
3. Homeowners are encouraged to communicate their concern regarding specific trees that would fall within the conditions described herein to the Board of Directors. The Board of Directors will make reasonable efforts to obtain a professional opinion about the tree(s) in question, and follow their recommendations within the conditions of the Reston Association Design Standard requirements, and the limits of the HCA annual budget.

Conditions for Maintenance

1. Trees may be trimmed, pruned, and maintained by a homeowner within their Lot’s boundaries at their expense without a DRB application regardless of the health of the tree/branch. This includes caring for, pruning, and or safely removing branches which extend into their property line from neighboring or Cluster Association Common Area property.
2. The Cluster Board will make reasonable efforts to trim, prune, and maintain trees located on Cluster Association Common Area if they meet the conditions below:
   1. A branch or major tree limb has been indicated as dead or at risk of falling by the certified arborist who works for the Cluster Association.
   2. A branch or major tree limb is dead and already separated from the tree, but suspended within the other branches, representing a risk of falling.
   3. Removal of the branch or major tree limb would otherwise promote the health and prosperity of the tree in question.
   4. A branch or major tree limb interferes with the ingress, egress, or movement of any pedestrian or motor vehicle.
   5. A branch or major tree limb is in physical contact with private property, representing risk or damage to private property.
3. Removal of dead tree branches and or other tree maintenance shall be prioritized for removal from Cluster Association Common Area property within the budget constraints and considerations of the Cluster management according to the guidance and recommendations of the certified arborist on contract to the Cluster Board.

Determination of Ownership

1. Trees located within the boundaries of a Lot are owned by the Lot Owner, and are the responsibility of the Lot Owner to maintain in a reasonable manner. Lot Owners must maintain trees in a manner that reasonably prevents nuisances and/or property damage occurring from a tree or limb falling.   The Cluster Board and any Lot Owner may notify the owner of a tree of any apparent need for maintenance or removal.  
2. Trees located on the Cluster Association Common Area property are the responsibility of the Cluster Association. The Cluster Board will make reasonable efforts to maintain such trees.  Lot Owners may notify the Cluster Board of any apparent need for maintenance or removal.
3. If either a Lot Owner or the Cluster Board are unclear about whether a tree is located within the boundaries of a Lot, or within the Cluster Association Common Area property, the Cluster Board and Lot owner will make reasonable efforts to agree about the manner in which they will determine the tree’s location. Examples of ways to identify location include each party studying relevant plats and plans, and/or engagement of a land surveyor, with each party paying half the cost.

Emergency Response Procedures

1. In the event of an emergency caused by the fall of a tree, branch or major tree limb on to Common Area Property, the Cluster will follow the following procedure:
   1. If the tree is owned by the Cluster Association, the tree will be removed by a professional arborist as soon as safely possible at the Cluster Association’s expense.
   2. If the tree is owned by RA, the Cluster Association will notify RA of RA’s need to have the tree removed by a professional arborist as soon as safely possible, subject to relevant RA policies, rules, covenants. The Cluster Association reserves the right to seek the recovery of expenses from RA and/or from the party that the Cluster Association believes to be responsible.
   3. If the tree is owned by a Lot Owner within the Cluster Association, the Lot Owner must have the tree removed by a professional arborist as soon as safely possible, at the Lot Owner’s expense. The Cluster Board reserves the right, after notice to the relevant Lot Owner, to seek self help and have the tree removed if, in the Cluster Board’s discretion, time is of the essence to avoid injury.  In this event, the Cluster Association reserves its rights to seek recovery of all related costs from the owner of the tree.
2. In the event of an emergency caused by the fall of a tree/branch or major tree limb on to private property, the Cluster encourages Lot Owners to do the following:
   1. Contact the Lot Owner’s insurance company immediately to report the incident, and obtain insurance coverage information. The insurance company is likely to provide specific instructions and timeline about its role in removing the tree and repairing damages.
   2. If the fallen tree or branch was originally located on the affected individual’s Lot, the Lot owner will be responsible for the removal of the tree or branch, and repair of any affected areas and/or structures.
   3. If the fallen tree or branch was originally located on the neighboring Lot, the owner of the tree, and the Lot owner affected by the fallen tree or branch are jointly and severally responsible to determine the manner of tree/branch removal and repairs, and who will pay for same.
   4. If the fallen tree or branch originated from Cluster Association Common Area property, the Cluster Association reserves all rights to require affected Lot Owners to remove any part of the tree(s) that fell onto the affected party’s Lot at the affected Lot owner’s cost and expense. Further, all affected Lot Owners may be responsible for all damage resulting from a tree or branch falling onto their Lot.  The exception to this is if a qualified tree professional working for the Cluster Association has documented that the tree is damaged, diseased, and should be removed prior to the tree or branch falling, and if the Cluster Association Board was made aware of this opinion.

Procedures for Risk Mitigation by the Board of Directors

1. In order to mitigate future risk from trees, the Cluster Association Board is committed to taking the following actions:
   1. Consult with landscaping professionals before planting trees to decrease the likelihood of modification and removal in the future and ensure the tree has ample room to successfully grow and prosper where planted.
   2. Perform a minimum of one (1) annual review of all trees on the property with a certified arborist to maintain a prioritized inventory of those trees in need of removal, pruning, trimming, or other maintenance.
   3. Budget permitting, the Board will consider submitting a DRB Application for the removal and replacement of an existing mature tree nearing the end of its expected lifespan to introduce a phased approach for the removal of trees nearing the end of their lives, and possibly posing a risk of falling and causing damage.

This Policy Resolution shall be effective as of the 5th day of November, 2021.

All the private roads in the Hillcrest Cluster are maintained by the community association. While the Board of Directors oversees a thorough maintenance schedule for major upgrades and road replacement, if you note a maintenance issue with a road, gutter or curb, please report it to the Board of Directors at info@hillcrest-cluster.com. Thank you.

Hillcrest Cluster contracts for snow removal services for all of the Saffold Way roadway.  Residents are responsible for clearing snow and ice from their home walkways and from the sidewalks directly in front of their property so that pedestrians can walk safely as soon after the conclusion of snowfall as safely possible. A community effort enables use of sidewalks and avoids pedestrian traffic in the plowed, and often slippery, roadways.  Residents are also responsible for clearing snow immediately surrounding parking spaces their vehicles are occupying while the short term special snow parking policy is in effect.

Residents should not use salt to melt ice from sidewalks and walkways as it will corrode the concrete, eventually requiring expensive repair or replacement. Cat litter, sand, or other readily available non-salt substances are appropriate and effective substitutes.

The Reston Association is responsible for plowing the walking trails and pathways RA owns that are not on Cluster Common Ground.

When Reston receives significant snowfall, usually meaning two or more inches from any one storm, households may be granted temporary sole privileges to no more than two parking spaces by clearing them and placing a temporary traffic cone with their house numbers in the spot.

Notification that the policy is in effect will be made by email to all residents and by posting a notice on the cluster website.  This privilege is temporary and will end when announced by the Cluster Board via email and removal of the website posting.

Once the snow emergency is over, limited parking privileges are terminated and residents can park in any space, even if a marker remains, except those spaces designated as a disabled parking space.

Hillcrest Cluster has about two parking spaces per house.  Households with more than two cars are urged to consider the needs of others and park their vehicles in less congested areas of the cluster, or on Ring Road.

Although many neighborhoods in Reston have assigned parking, Hillcrest Cluster does not.

Vehicle and Parking Regulations

The RA Protective Covenants and By-Laws of the Hillcrest Cluster Association require that all motor vehicles parked or operated on cluster property comply with the laws and regulations of the Commonwealth of Virginia and Fairfax County. This means that:

• All vehicles parked in Hillcrest Cluster must display a valid state-issued license plate and be registered in Virginia within 30 days of moving into the state.
• Vehicles must also pass the state inspection, and display a current, valid inspection sticker before they can be legally driven in Virginia.
• Fairfax County requires payment of a personal property tax on automobiles, trucks, and certain other vehicles.
• Any person operating a motor vehicle on cluster property must have a valid driver’s license.

More information on Virginia and Fairfax County regulations may be found at www.dmv.state.us and www.fairfaxcounty.gov.

The following Rules and Regulations adopted by the Hillcrest Cluster Association apply to all property owners and residents. Owners are responsible for notifying their tenants and guests of the regulations.  

1. The posted speed limit on Saffold Way is 15 miles an hour. All drivers must observe this limit, and come to a full stop at all stop signs.
2. Only owners of record or their tenants and guests may park a vehicle on Hillcrest Cluster Association property. Vehicles must be parked within a marked parking space.
3. Commercial vehicles are prohibited from parking overnight on cluster property, but may be parked during the day while service is being rendered to a resident.
4. Motorized recreation vehicles (RV’s) within the size limits (7 feet wide and 20 feet long) may park on cluster property. Non self-propelled vehicles such as trailers, boats, and motorhome attachments may park overnight, but must be removed within 24 hours.  
5. Junk vehicles, defined as those which cannot be operated in their existing condition, may not be parked or stored on cluster, and are subject to towing. Vehicles which have been parked on cluster property for over 30 days without being moved may be considered abandoned under state law, and will be reported to the police.
6. Storage pods may be parked within a marked parking space for no more than four days, but the cluster board must be informed of the dates before it is placed.
7. Motorcycles, mopeds, mini-bikes, dirt bikes, and ATVs should share parking spaces with other vehicles to the extent possible, provided they do not extend beyond the marked parking area. Vehicles of this type may not be driven on sidewalks, paths, or common property.   
8. Only vehicles of residents may be repaired on cluster property. Repairs and servicing must be done during daylight hours only. Vehicles may not be left unattended on blocks or jacks, and may not be left with the motor running. Vehicles which are found to be leaking oil, transmission, or other fluid are to be repaired within five days after the owner is notified. All fluids drained from a vehicle must be sealed in leak-proof containers, and properly disposed of at one of the two county recycling centers listed in Appendix X. The vehicle owner may be liable for any damage by automobile oil or other fluid to cluster property.  
9. Any vehicle parked in a designated fire lane — where the curb is painted yellow – or within 15 feet of a fire hydrant, is subject to immediate towing.
10. If your vehicle is towed from cluster property, Call Henry’s Towing at 703-698-8900. The vehicle owner is responsible for all towing and storage expenses. The Hillcrest Cluster Association is not responsible or liable for any damage to the vehicle.

Enforcement of Rules and Regulations

The HCA Board actively enforces vehicle and parking rules through regular inspections and records, and the input of residents. Although Saffold Way is a private street, the Hillcrest Cluster Association has authorized the Fairfax County Police Department to enforce all Virginia and Fairfax County vehicle laws and codes on cluster property. Vehicles, which fail to meet the legal requirements, are subject to ticketing by the police, and will be towed from the property if not brought into conformity with all Fairfax County and State requirements after ten days of initial notice of deficiency. The owner will be liable for towing fees and storage charges. Failure to obey the posted speed limit, or to come to a full stop at stop signs, may result in a citation and fine from the police.

Reserved Parking for Disables Residents

The Virginia Department of Motor Vehicles (DMV) provides parking placards and special license plates for persons with temporary or permanent disabilities that limit their mobility. The Hillcrest Cluster Association will make reserved parking spaces available to residents who are disabled, provided that they are able to demonstrate a valid need for the space. A request for such a space must be made in writing to the HCA board, and must include a physician’s letter stating that there is a legitimate need, although the specific medical condition need not be described.   

A special disabled parking placard or license plate must be displayed at all times by a vehicle parking in a reserved space. The holder of the placard or license must be the driver or a person who is a regular passenger of the vehicle, such as a disabled spouse or child. The placard must hang from the rear-view mirror when the vehicle is in the parking space if there is no disabled symbol on the license plate.

The cluster maintains an inventory of disabled parking signs, which will be installed at the expense of the requestor. The total cost for installation is currently about $300.  The parking space becomes a general parking space if the resident no longer needs it.

Snow Parking Policy

When Reston receives significant snowfall (usually two or more inches), households may be granted temporary sole privileges to no more than two parking spaces by clearing them and placing a temporary traffic cone with their house numbers in the spot.

Notification that the policy is in effect will be made by posting the display board at the cluster entrance as well as via the cluster website, and ends when the snow emergency sign is removed.

Once the snow emergency is over, limited parking privileges are terminated and residents can park in any space, even if a marker remains, except those spaces designated as a disabled parking space.

In response to the growing number of electric vehicles in the area, on April 8th, 2021, the Hillcrest Cluster Board of Directors formally adopted the following policy pertaining to the charging of electric vehicles on Cluster property.

The signed complete policy resolution (No. 2021-01) is available for download and your records as needed here.

Definitions

“Electric Vehicle” means any vehicle that operates, either partially or exclusively, on electrical energy, including 100% battery-powered electric vehicles and plug-in hybrid electric vehicles.

Rules & Regulations

Vehicle Charging Safety Protocol

1. The safety of persons and property is the first and most important priority for all users of Association property, and all owners and operators of electric vehicles while charging. Accordingly, all owners, guests, visitors, tenants, family members should use caution and be responsible for their own safety at all times, including near charging vehicles and related equipment, such as electric cords, facilities, and meters.
2. In the event a charging vehicle requires the use of an electric cord, and the electric cord crosses Association property, the owner(s) and user(s) of the electric cord are fully responsible for the safety of bystanders, walkers, runners, and other persons, pets, and service animals who use the property over which the electric cord runs. The owners and users of all electric cords fully indemnify and hold harmless the Association, its Board officers, directors, agents, managers, and service providers for any claim, injury, and/or damage resulting from or relating to electric cords located on Association property.
3. Charging Equipment which crosses Association property, must be indicated by the presence of an orange traffic cone. If the corresponding electric cord crosses a cluster owned sidewalk, it must be contained within a pedestrian cable tray protector for the entire length of cable located within the boundary of the sidewalk.
4. No Charging Equipment shall be placed in a manner such that it may present a tripping hazard, or may otherwise interfere with the ingress, egress, or movement of any pedestrian.
5. No Charging Equipment shall be placed in a manner such that it blocks or crosses the path of another vehicle, including extending into Association roadways or beyond the parking lines of the applicable parking space.

Charging Equipment

1. The owners and operators of electric vehicle shall be responsible for the installation and maintenance of charging equipment for any homeowner. The owners and operators of electric vehicle shall be responsible for providing cords or connectors or other equipment required for charging. Installation of any necessary equipment must comply with all Reston Association Design Review Board procedures and include a formal application to Reston Association. The Association’s Board shall not be responsible for any activities or materials in this regard.
2. All Charging Equipment must comply with all applicable federal, state and local laws, codes, and standards for use with an Electric Vehicle, and shall be certified and so marked by a nationally recognized testing laboratory (e.g. Underwriters Laboratories). The use of Charging Equipment in violation of this paragraph is strictly prohibited.
3. Owners may not install any permanent charging equipment on Association property, including sidewalks and/or parking spaces.
4. Charging equipment must be returned to the homeowner’s private property when not actively in use charging the vehicle.
5. The relevant homeowner(s) who use Charging Equipment shall be fully responsible for any and all damages, and/or costs attributable to the Charging Equipment. The relevant homeowner shall also be fully responsible for all costs and damages attributable to the homeowner’s household member, guest, invitee, tenant, or permittee’s use of Charing Equipment.

Parking Spaces

1. The ownership or operation of an electric vehicle does not exclusively entitle any owner or operator the right to a reserved parking space within the Association.

Enforcement

Owner Responsibility

Each Owner shall be governed by and comply with the terms of this Policy Resolution, and shall be responsible for ensuring that his/her family members, tenants, guests, agents, employees, licensees or permitees comply with the terms of this Policy Resolution

Remedies of the Association

1. The Board and/or Management Agent will monitor the parking areas for compliance with the provisions of this Policy Resolution, and are authorized to initiate enforcement of this Policy Resolution, as provided by the Bylaws, First Amendment to the Deed of Amendment to the Deeds of Dedication of Reston, and/or applicable law.
2. Violation of this Policy Resolution shall give the Board the right to use self-help to remove or cure the violation, including disconnecting vehicles from charging equipment without notice.
3. Nothing in this Policy Resolution is intended to limit the Association’s enforcement remedies. In addition to the remedies outlined in this Policy Resolution, the Board shall have the authority to initiate such other remedies outlined in the Association’s governing documents or the laws of the Commonwealth of Virginia, as may be necessary.

Liability

The Board and/or Management Agent are not responsible for any damage to vehicles or charging equipment owned or operated by the Lot Owner or his/her family members, tenants, guests, agents, employees, licensees or permitees that arise from the act of charging an electric vehicle.

This Policy Resolution shall be effective as of the 9th day of April, 2021.

Hillcrest Cluster contracts with a private company for trash and recycling services, which reduces the cost to about one-half of what it would be if residents arranged for that service individually. This also avoids the noise and inconvenience of having multiple trash trucks. The name and contact information for our current provider is listed below:

American Disposal Services : https://www.americandisposal.com | 703-368-0500

Trash collection equipment is the property of the cluster and not the resident, and must remain with the property should a resident move.

• Trash Pickup Thursdays after 7:00 a.m.
• Recycling Pickup Thursdays
• Yard debris pickup Thursdays ONLY
• Curbside pickups are made on Thursdays for such items as furniture, extra large amounts of yard debris, mattresses, and large non-metal household items, at no additional charge.
• If you need to schedule a special pickup (exceeding 2 cubic yards in volume, more than 10 bundles of tree limbs/branches, household appliances, or other bulky metallic items) contact Customer Service (703-368-0500).  Residents will be financially responsible for any special pickups scheduled.
• Remodeling construction contractors are prohibited from placing debris from work being done on a house for pickup by the Cluster’s trash contractor. Residents must ensure that their contractors haul all debris from the cluster and do not set it out on the curb at any time.
• Service may be cancelled when snow or ice makes driving conditions unsafe.

Our trash provider is closed on all major holidays. In all holiday cases, the scheduled collection will be cancelled and collection services will continue on the next regularly scheduled collection date.  The list of holidays impacted by this policy are below:

• New Year’s Day (January 1) – Service will be held Saturday
• Independence Day (July 4) – Service will be held Saturday
• Thanksgiving (Fourth Thursday of November) – Service will be held Saturday
• Christmas Day (December 25) – Service will be held Saturday

If you will be away on either trash or recycling pickup days, you should arrange with a neighbor to set out trash and retrieve empty cans. This minimizes the chance that animals will get into the trash and also contributes to the Cluster’s overall appearance.

Trash Collection Do’s and Don’ts

Do’s

Trash should be placed at the curb no earlier than 6:00 p.m. the night before, and empty cans should be collected from curbsides as soon as possible, but no later than the evening of the pickup day.

• Trash must be placed in a covered receptacle and placed at the curb in front of your house.
• Broken glass should be wrapped in paper and placed in an appropriate trash receptacle.
• Refuse in paper bags is prohibited.
• Ashes may remain hot for several days, and should be placed in a metal container and cooled outside the house for about a week before being placed in the trash. 
• Discarded Christmas trees are collected as space allows, with no prior arrangement or set date.
• If your trash or recycling bins are missing or damaged, please reach out to the HCA Board member responsible for managing the trash collection service contract.

Don’ts–Hazardous and Other Waste

Hazardous and other waste materials listed below may not be put out for residential collection, and must be transported to the appropriate collection facility in cardboard boxes, not in plastic trash bags.

Types of Hazardous Waste

Materials that must be disposed of only at the two Fairfax County authorized collection facilities include:

• acids
• aerosol sprays
• automobile batteries
• automotive fluids
• coal tar products
• creosote products
• driveway sealers
• explosives
• floor care products
• herbicides and fungicides
• inks and dyes
• insecticides
• kerosene
• mercury products
• moth balls
• oil-based paints
• paint thinner
• pesticides
• poisons
• polishes
• pool chemicals
• rust remover
• solvent based glues
• used motor oil
• varnishes
• wood preservatives

Please see the hazardous waste disposal section of the Fairfax County website, https://www.fairfaxcounty.gov/publicworks/recycling-trash/hazardous-waste, for details on how to dispose of these items.

Types of Other Waste

 Items prohibited by landfill regulations from being disposed of with the regular trash service include:

• Dead animals
• Construction or remodeling materials
• Manure
• Tree stumps
• Mulch
• Sod
• Dirt
• Stone, rocks, cement, or bricks
• Other dangerous material or items too large or heavy to be safely loaded into collections vehicles

Yard Waste

Pickup of yard waste (brush, leaves, and grass) is on Thursdays, and is made after 7:00 a.m. Yard waste should be tied in bundles no more than 4 feet in length and 4 inches in diameter, or placed in paper bags.

Do not use plastic bags, which can cause problems with the mulching machines.

Recycling

Pickup of recycling is on Mondays and is made after 7:00 am. Recycling bins should be placed at the curb no earlier than 6:00 p.m. the night before and empty bins should be collected from curbsides by 6:00 pm of the pickup day.

Fairfax County has one of the most comprehensive recycling programs in the area. Participation is mandatory for many items. The following list of items may be put at the curb on recycling day, or taken to one of the drop-off centers listed below.    

• Newspapers, including coated advertising inserts, placed in paper bags or tied with string.
• Food and beverage containers, co-mingled, including glass bottles and jars, and cans made of steel, aluminum, or bi-metal alloys. All should be rinsed, with the lids removed.
• Mixed paper and cardboard, flattened, including magazines, catalogs, envelopes, office paper, brochures, phone books, junk mail, food boxes, shoeboxes, and any clean paper without food residue.
• Plastic bottles and jugs with necks smaller than the body or with a screw cap, rinsed.
• Glass Bottles will NO longer be accepted for curbside recycling as of a September 2019, due to policies set by Fairfax County.  Please put glass bottles with the regular trash or deliver them in person to a Fairfax County Recycling facility (Locations for these facilities can be found here: https://www.fairfaxcounty.gov/news2/glass-containers-no-longer-required-in-curbside-recycling-program/)

Failure to comply with the regulations on recycling and prohibited items may result in a fine being levied against our collection company, which will pass the cost on to us.