Revised as of 01/25/2018
Pursuant to the Declaration of Restrictions Sections 6.7, 7.4 and 7.5, all home plan applications must be submitted to the Architectural Control Committee and must include the following:
- Dimensioned elevation views of all four (4) sides of the home;
- Dimensioned plot plan showing front, sides, and rear set backs;
- Final proposed grade showing height of the finished garaged floor, first floor and foundation in reference to neighboring homes and the street in front of proposed building lot;
- Proposed exterior finishes including type of material and colors;
- Proposed roof including type of material and color;
- Dimensional drawing of hard surface driveway (e.g. concrete and/or paving blocks, not gravel or asphalt; and
- Dimensional drawing of dock and or modification.
BAYCLIFFS HOME DESIGN RESTRICTIONS
THE CONCEPT OF TRADITIONAL, AMERICAN ARCHITECTURE ADAPTED TO AN ISLAND SETTING forms the basic theme of Baycliffs. American home designs that reflect classic frontal exteriors and shore-side settings from the mid to late nineteenth century are encouraged. Contemporary enhancements (such as window and door treatments) will be permitted if consistent with the overall traditional appearance. The ACC is empowered to require certification of all or specific portions of the plans by an A.I.A. architect.
Roofs may range in pitch from 6/12 to 12/12 and must be predominantly gray in color (e.g., slate). Use of shadow-style shingles (e.g. slate or shake-look) is encouraged.
WOOD, STONE AND BRICK SIDINGS REPRESENTING MATERIALS INDIGENOUS TO THE AREA ARE REQUIRED ON THE STREET-FACING EXTERIOR AND ARE ENCOURAGED OVERALL. Cedar shake style vinyl siding or cement board (e.g., hardiplank) may also be used. Colors may only include wood stains or solid colors consistent with the historic architecture and island setting. Color selections should be provided with the plan.
Garages must be attached to dwellings and large enough to accommodate automobile and other storage needs. Two car garages are encouraged. Boats, trailers, motor homes, construction equipment, dumpsters, etc. may be permitted on a temporary basis upon prior submission to and approval by the Architectural Control Committee. By way of example, boats on trailers may be kept on the property for up to three weeks in the spring for launch preparation and for up to three weeks in fall for storage preparation, but neither boats nor trailers may be stored outdoors on an owner’s property on a seasonal basis. Construction equipment and dumpsters may be stored on an active construction site, but may not be stored outdoors on an owner’s property that is not under active construction.
By determination of a majority vote of the BHOA Trustees and the Architectural Committee, from and after July 1, 2011, driveways and parking areas consisting of soil, stone or other loose material shall not be permitted. This includes main drives as well as auxiliary drives or parking areas. Auxiliary driveways and parking areas must either be removed or upgraded to solid material. A site plan/ sketch must be routed to the ACC for approval of any changes to auxiliary driveways before work commences.
Privacy fences and/or walls must be consistent with and be complementary to siding materials. Such fences/walls may not extend beyond the front corners of the house. An exception will be permitted for stone, brick or wood fences or walls less than 3 feet high in front yards at the set back line (typically where lot meets road right-of-way) if they are complementary to that section of the Baycliffs neighborhood. All exterior fences shall be designed and fabricated to be complementary to the adjoining neighboring lots.
All docks and exterior stairways leading to docks shall be designed and fabricated to be complementary to the adjoining and neighboring lots. Proposed docks to be installed on waterfront lots shall be submitted to the Architectural Control Committee with a dimensioned drawing showing the location of the dock within the perimeter of the lot and a submittal showing the materials and colors of all structures and fittings, and any other information required by the Architectural Control Committee.
LP STORAGE TANKS
LP storage tanks shall be buried underground. Small vertical tanks of 120 gallons or less may be located above grade, but shall be shielded from view from the street with a decorative stone block wall, wooden lighthouse structure, or similar decorative device.
The proposed addition or removal of soil, stone, trees or other materials from lots, whether or not performed in conjunction with the construction of a house, must be submitted in writing to the Architectural Control Committee. The submission shall include topographical drawings showing the existing lot and all adjoining lots, together with the proposed changes to grade and elevation of all affected lots.
The following are partial reprints from the Declaration of Restrictions, Covenants and Easements:
Section 5.7 Poles, Wires, Antennae, Etc. Except for any antennae or other external communication device installed by or with the approval of the Architectural Control Committee, no exterior antennae or other external communication device shall be permitted on the roof or exterior wall of any building or structure or any yard area in the Restricted Premises or on the Common Properties. Subject to applicable easements and rights, no facilities, including poles and wires, for the transmission of electricity, telephone messages and the like, including without limitation clothes lines, shall be placed or maintained above the surface of the ground in any portion of the Restricted Premises without the prior approval of the Architectural Control Committee.
Section 5.8 Drainage Ditches. No person shall interfere with the free flow of water through any drainage ditches within the Restricted Premises. Ottawa County and the Association shall have the right to enter upon the Restricted Premises to repair and maintain all storm drainage courses, ditches, structures and appurtenances within the Restricted Premises for the purpose of relieving any flooding condition or threatened flooding condition that might be harmful to the property within Ottawa County.
Section 5.10 Rubbish Storage and Removal. Except at times provided for pick- up and subject to the Rules, all rubbish, debris and garbage shall be stored and maintained in containers entirely within a garage. Unless otherwise authorized by Ottawa County or the Township of Danbury, transportation and disposal of rubbish, debris and garbage shall be and remain private and the Association shall provide adequate facilities and services with respect thereto, for which facilities and services Assessments and/or Special Charges may be levied. Additional or substitute Rules for the storage, maintenance and disposal of rubbish, debris, leaves and garbage may from time to time be established by the Association.
Section 5.11 Miscellaneous. No trailer, basement, tent, shack, garage, barn, mobile home or other temporary shelter or housing device shall be used as a residence, temporarily or permanently, on the Restricted Premises. No Dwelling Unit shall be used as a residence until the exterior thereof has been completed in accordance with the detailed plans and specifications approved therefore by the Architectural Control Committee. Any truck, boat, bus, tent, mobile home, trailer, recreational vehicle or other similar device, if stored on the Restricted Premises, shall be suitably housed wholly within a garage. No laundry or other materials shall be hung, attached or displayed outside of any Dwelling Unit. No machinery of any kind shall be placed or operated upon any portion of the Restricted Premises except such machinery as is customarily required for the maintenance of Dwelling Units, related improvements, lawns and landscaping and except for conventional home or hobby machinery. Such permitted machinery shall be stored out of sight of adjoining Dwelling Units and in a covered storage area provided, however, that this provision shall not apply to vehicles and machinery necessary for the construction, reconstruction or repair of any building or structure during the time of such construction, reconstruction or repair.
Section 6.1 Building and Area Restrictions: Front, Side and Rear Yard Requirements. No structure shall be erected, placed or maintained on any Residential Lot other than one (1) free standing Dwelling Unit of not less than 1,200 square feet of living area (measured from the outside of the exterior walls, and excluding garages) having a private entrance as well as a private attached garage of not less than one and one-half (1-1/2) car capacity, which garage shall be attached or connected by means of a covered access to the Dwelling Unit, and such accessory structures and uses as are approved by the Architectural Control Committee. No building or Dwelling Unit (or any projections therefrom) shall be erected or suffered to remain on the Restricted Premises within five (5) feet of the sidelines of an adjoining lot or within sixty (60) feet of the center of the street or highway which such building or Dwelling Unit faces. No fence or wall or hedge of any kind or for any purpose shall be erected or suffered to remain upon any Residential Lot closer to the street than the front building lines hereinbefore established nor closer to the rear lot line than thirty (30) feet from the shore nor twenty (20) feet beyond the rear of any such building or Dwelling Unit, except boathouses, fences and hedges as approved in writing by the Architectural Control Committee.
Section 6.2 Combination of Residential Lots. The construction of a Dwelling Unit on more than one Residential Lot shall be permitted subject to applicable requirements of law respecting the combination of such Residential Lots. Notwithstanding the combination of any Residential Lots, each such Residential Lot so combined shall continue to be assessed and be subject to liens as provided for in Article 10 hereof as though such Residential Lot had not been combined, and the Owners of any Residential Lots so combined shall have the voting rights in the Association appurtenant to ownership of each such original Residential Lot.
Section 6.3 Location of Structure. All Dwelling Units and accessory structures in the Restricted Premises shall be erected wholly within the boundary lines of a Residential Lot or Residential Lots that have been combined as provided for in Section 6.2 above. No patios, open porches, decks, fences, walkways, driveways, decorative walls of wood, masonry or metal composition, privacy screens, shrubbery or any other improvement may be extended from any Residential Lot onto the Common Properties without the approval of the Association upon (a) the favorable recommendation of the Architectural Control Committee and (b) the approval by vote of not less than fifty-one percent (51%) of the voting power of the Association.
Section 6.4 Maximum Height. No structure constructed or erected within the Restricted Premises shall be greater than two and one-half (2-1/2) stories, nor more than thirty-five (35) feet in height above the main (first) floor level, unless unanimously approved by the Architectural Control Committee.
Section 6.5 Construction. All work respecting the construction, repair or remodeling of a Dwelling Unit must be completed by an Owner within one (1) year following the commencement of such construction, subject to delays occasioned by causes beyond the reasonable control of the person so performing such work. Further, no sod, dirt, trees, or gravel other than that incidental to construction of approved structures shall be removed from the Restricted Premises without the written approval of the Architectural Control Committee.
Section 6.6 Outbuildings. It is intended that garages attached to Dwelling Units, rather than outbuildings, be used to provide storage space. However, in rare circumstances, outbuildings may be erected or suffered to remain on any lot of the Restricted Premises with the written consent of the Architectural Control Committee, which shall have the right to determine the type and placement, if at all, of such outbuilding.
Section 6.7 Exterior Restrictions. (a) The Owners hereby grant to the Architectural Control Committee the right to establish the location, grades and slopes on the Restricted Premises and fix the grade at which any building shall be erected or placed thereon so that the same may conform to a general development plan. No portion of any Residential Lot in front of the Dwelling Unit located thereon shall be used for any other purpose than that of a lawn or yard; nothing herein contained, however, shall be construed to prohibit walks, drives, trees, shrubbery, flowers, and ornamental plants for the purpose of beautifying the Restricted Premises, but no unsightly objects shall be allowed to remain upon any portion of the Restricted Premises. (b) The exterior of any building or structure on the Restricted Premises shall not be altered, modified, changed or redecorated in any way as to change the appearance or décor of such building or structure, nor shall any of the landscaping appurtenant to such building or structure be materially changed without the express written authorization of the Architectural Control Committee. Any such alteration, modification, change or redecoration shall be deemed to have been undertaken in violation hereof and of Article 7 of this Declaration and subject to the remedies provided for therein.
Section 6.8 Utility Service. All Dwelling Units shall be designed and constructed so as to utilize electricity as the primary energy source for all heating, air conditioning and other systems. Fuel oil, kerosene, liquid propane and other combustible fuels shall not be permitted for use as a primary energy source for any Dwelling Unit or other structure on any Residential Lot without the prior written approval of the Architectural Control Committee.
Section 7.4 Establishment of Grades. The Architectural Control Committee shall have the exclusive right to establish grades, slopes and swales on all building sites and to fix the grade at which any building or structure shall be erected or placed thereon, so that the same shall conform to the general plan for the development and use of the Restricted Premises.
Section 7.5 Submission and Approval of Plans and Specifications. The plans and specifications for all buildings and other improvements and structures (including, but not limited to signs, fences, walls, patios, grills, recreational structures, driveways, hedges, landscaping, garages, antennae, and any enclosures) to be constructed, reconstructed, placed, replaced or suffered to remain with the Restricted Premises shall be submitted for examination to the Architectural Control Committee and written approval by the Architectural Control Committee of such plans and specifications shall be obtained before any such building, structure or improvement shall be constructed, reconstructed, placed, replaced or suffered to remain and before any addition, change or alteration may be made to any building or other structure situated in the Restricted Premises. The Architectural Control Committee shall approve, reject or approve with modifications all submissions within sixty (60) days after submission of the plans and specifications required hereunder to the Architectural Control Committee. Failure to so respond within such period shall be deemed to be disapproval of the submission. The plans and specifications to be submitted shall show the size, location, type, architectural design, quality, use, construction materials and color scheme of the proposed building site and the finished grade elevation thereof. Such plans and specifications shall be prepared by a competent licensed or registered architect and shall be furnished to the Architectural Control Committee in sufficient numbers so that the Committee may retain a true copy thereof with its records.
Section 7.6 Construction in Violation of Approved Plan. In all instances where plans and specifications are required to be submitted to and approved by the Architectural Control Committee, if, subsequent to receiving such approval, there shall be any material variance from the approved plans and specifications in the actual construction or location of the improvement, without the written consent of the Architectural Control Committee, such variance shall be deemed a violation of this Article 7 and subject to the remedies herein provided.
Rules and Regulations for Baycliffs Subdivision
- Reference should be made to the Declaration of Restrictions, Covenants and Easements relating to the Development (the “Declaration”) and especially to Article 5 (“Use Restrictions”), Article 6 (“Building Restrictions”) and Article 7 (“Architectural Control”) thereof for detailed covenants and restrictions pertaining to the use and occupancy of the Development. The rules that follow herein have been adopted by the Developer, by the Board of Trustees of Baycliffs Home Owners Association (the “Board”), or by the Architectural Control Committee (the “Committee”) and may be amended or repealed from time to time by or on behalf of the Board and Committee.
- Garage doors are to be kept closed except when in use for ingress and egress.
- Except in case of emergency, no repairs are to be made to vehicles in any part of the Development other than within a garage.
- No more than two customary domestic household pets shall be permitted to be kept in any Dwelling Unit except upon special permit issued by the Association which such permit may contain such limitations with respect to such permission, including limitations on duration of stay or of non-replacement, as shall in the judgment of the issuing authority, protect the interests of residents of the Development.
- All window fittings visible from the exterior of the dwelling shall be white or off-white.
- Unless otherwise approved in writing by the Architectural Control Committee, all furniture for exterior use, including all terrace, patio and balcony furniture (cushions, exposed frames and umbrellas) shall be white, off-white, tan, beige, black or neutral earth tones.
Road Bond for Construction (passed 9/19/2016)
Section A(v) of the Operating Agreement for Governance of Johnson’s Island Roads and Causeway provides the following:
Pursuant to Johnson’s Island Road Commission recommendations, BHOA’s ACC has adopted a policy of requiring individual owners to post a Road Bond of $3,000 before commencement of excavation or construction of any project requiring the use of heavy equipment. A check in this amount will be made payable to Baycliffs Homeowners Association, with “Road Bond – (Owner)” noted on the face, and mailed to BHOA at 3645 Confederate Drive, Marblehead, Ohio 43440. Payment of the Road Bond is a condition of plan approval and must be tendered prior to the commencement of any excavation or construction.