A. What is the Port St. James
Association?
The formal answer
to this question is that The Port of St. James Association is a Michigan
not-for-profit corporation that is tax exempt under section 501 (c) (4) of the
Internal Revenue Code. As a tax-exempt organization, the Association is exempt
from paying federal or state income tax. Under sub-section (c) (4) of section
501, the donations made to the Association are not tax deductible. Underlying
this bare legal description of the Association is broader mandate. The
Association maintains the property that comprises the parks and common areas of
the Association. It is also charged with responsibility for future planning and
enforcement of the Declaration of Restrictive Covenants that controls how
members may use their property. These functions are fulfilled by a volunteer
Board of Directors that is charged with the responsibility to manage the
affairs of the Association in a manner that provides the most benefit for the
members. The Board of Directors is a volunteer force, often aided by individual
members, when working to achieve its goals. In short, then, the Association is
really the sum of its members working together to provide the most benefit
possible for the most members - sometimes not an easy task given the diversity
of opinions inevitable when over nine hundred separate parcels of land are
involved in any decision.
1. What is its Purpose?
The purpose of the Association
is embodied in the mission statement adopted by the Board. That mission
statement says: It is the mission of the PSJA Board
of Directors- to conduct and administer the business and oversight of PSJA in
the best interest of its members; to maintain the integrity of the association
through the consistent application and enforcement of the Protective Covenant;
and to protect and safeguard the tranquil beauty of the environment, natural
resources and real property value to the long term benefit of the association.
All actions initiated by the Board should be governed by this mission statement.
2. Under what authority does it act?
The Association
just as with any corporation conducts it business in accordance with its
articles of incorporation, its by-laws, applicable Federal statutes, and the
Not-for-Profit Corporation Act of the State of Michigan. Additionally the
Association exercises the power to make rules for to implement the requirements
of the Covenant attached to all property in the Association and to otherwise
enforce the strictures and the spirit of the Covenant.
3. Who Runs the Port of St. James
Association?
Strictly speaking,
no persons run the Association. The authority to conduct the required business
of the Association rests with the Board of Directors, A volunteer organization
of nine members elected for term of three years and the membership annual
meeting in September of each year. Thus, generally three director positions are
up for election each year. The Board works together to solve problems and to
manage the business of the Association. In the past, it has been usual that the
Board discusses a matter until it reaches a consensus as to the proper course
of action. The Board is proud of the fact that most decisions are the result of
a unanimous vote.
4. Can I opt out of the Association?
No. The
restrictions placed upon members’ use of property in the Association arise from
a declaration of restrictions, generally referred to in the Association as the
Covenant. The covenant was recorded against nearly every parcel of land in what
would become the Association by the original developers of the property and
attaches to the parcels it is recorded against. At the beginning of the
development of The Port of St. James, some individuals owned property in what
would become the Association. These individuals were given the right to opt out
of the planed development and some did. The Covenant is not in force as to
those parcels of land. Under the Covenant, an individual member cannot simply
opt out of the Association.
5. What does the Association do for
me?
The Association
provides the Association beach for members use, gives members without a
finished home, or guests of members, a place to camp and enjoy the recreational
benefits of membership, maintains a large area of common property and a number
of private parks dedicated to member use, and maintains and makes available the
beach pavilion. The Association also oversees Covenant enforcement, when
necessary, so that the value of each member’s property remains as high as
possible and each member has the quiet enjoyment of his or her property,
envisioned by the original developers of the Association
6. Where can I get a copy of the
Covenant?
Ideally, you
received a copy of the Covenant when you purchased you property. Unfortunately,
some realtors and quite a few members, in the case of direct sales, do not
provide a copy of the Covenant to new members. The Board keeps a copy of the
Covenant available for download at the association’s web site at: http://www.theportofstjamesassociation.org.
Simply click on the Downloads tab.
7. I did not know about the covenant
when I bought property. Does it apply to me?
Yes. Because the
Covenant is recorded as to all property actually in the Association, it is a
matter of public record. The recording of the Covenant gives what constructive
notice to all persons that there are restrictions of record as to the parcel.
This means that the restrictions are binding on all purchasers. In fact, if your
property is foreclosed by the state for failure to pay property taxes, the
state cannot do anything with the land not allowed by the Covenant.
Additionally, the existence of these restrictions is an exception noted in the
policy of title insurance that you obtained when you purchased your property.
8. How is the Association Board
elected?
Each year at the
annual meeting of members the terms of three directors is up for election. The
membership votes on those persons nominated for election. In the event that
there are more than three nominations the three persons with the largest vote
totals are elected. Votes attach to each lot owned by a member. Thus if one
person owns two lots, that person has two votes. In the case of multiple
owners, there is still only one vote per lot. The owners must agree between or
among themselves how that on vote per lot is cast.
Under its articles
of Incorporation and By-Laws, the Association does not have cumulative voting
for directors. However, each member in good standing has as many votes as he or
she has lots. These votes can be voted for each of three candidates. However,
the votes cannot be combined and cast for only one or two candidates.
B. Are there restrictions on
what I can build on my property or how I can use it?
Yes Building and
use limitations imposed upon properties in the Association are set forth in
Article VII of the Covenant. In general, the Covenant requires that only a
single-family residence and one ancillary building may be placed upon any given
lot. The Covenant also prohibits the using of property for any commercial
venture. Finally, the Covenant provides standards that each building must meet
and sets forth time limits for the completion of any building project.
1. Doesn’t the Township Zoning
Ordinance control building in the Association?
Yes and No. The
property in the Association is classified under the Zoning Ordinance as R-2
single family residential. Before an owner can build on a lot in the
Association, he or she must obtain the approval of the Township Zoning
Administrator. This means that generally an owner must comply with all the
requirements of the Zoning Ordinance. However, because the Covenant is, in some
respects more restrictive than is the Zoning Ordinance, as to any such areas
the Covenant will control what an owner can do. In general, a good rule of
thumb to apply is that the stricter of the two requirements will be the one
that controls what an owner can do.
For example, the
township ordinance requires a side lot set back of at least ten feet. The
Covenant on the other hand permits side lot setbacks in some instances of as
little as three feet. In this case, the ordinance will control. Similarly, the
Covenant has restrictions on the type of outside finished applied to a building
that are not included in the township ordinance. In this case, the Covenant
will control. Further, the Association may make rules concerning use of land
not covered by the township ordinance. In this case, the Association rules
would control.
For copes of the
Township ordinance, see question 13 below. Links to the ordinance and township
zoning maps are included there.
2. What is the procedure for getting
approval of a building project?
The Board has
prepared an Application for a PSJA Building Permit. That application is
currently available from the Chairman of the Association Architectural
Committee, Kirk McBride. The application should also be available soon on the
Association web site.
A member simply
obtains a copy of the application, fills it out and submits it to the
Architectural Committee along with required supporting documentation. If the
committee approves the plans, the Association will issue a building permit.
That permit must be posted along with the proper Township Zoning Permit.
As a rule, the
Board requests that members obtain the Township Zoning Permit before applying
for the Association permit. Many of the same documents will be required for
both and this method insures that the Association does not inadvertently give
permission to a building that violates the township ordinance.
3. What kinds of building projects
require Association approval?
Any building or
construction on your property requires a building permit from the Association.
Even a fence cannot be put up without an Association permit. Similarly,
excavations and foundations cannot be constructed with out a permit.
4. How long does it take to get
approval of a project?
Generally, approval
is a quick process. The Architectural committee will meet and review any
applications pending and either issue the permit ask for more information.
Under the Covenant, the Architectural Committee is required to rule on an
application within thirty day or receipt. In the general course of things you
should expect to receive an answer before even thirty days have expired.
5. Can I clear my land (stage it)
before obtaining an Association permit?
Please note the
following answer is from the Association’s viewpoint. The Township Zoning
Director may not permit land clearing before issuance of a Zoning Permit as it
violates the technical provisions of the township zoning ordinance.
Technically a
permit must be obtained before any work starts. However, over the years the
practice has developed by owners of clearing a lot and putting in an access so
that potential buyers can see how the lot will look when a cottage is built.
The Association generally does not object to this practice with the following
conditions. When cleared the lot must not be left in a condition that would
pose a threat to any contiguous owner’s property. Moreover, all trees, brush,
etc. must be removed from the lot at the time of clearing. Further, note that
the lot must be graded smooth and if needed for stability planted in a ground
cover.
Any work beyond
simply clearing the lot requires a permit from the Association. Currently this
policy is under review, and it is possible that the Association, in the future,
will require a permit before a lot can be cleared.
6. My contractor says that I do not need
Association approval. Is that right?
No. Your contractor
is wrong. Any construction on your property is allowed only after issuance of a
PSJA building permit. This is true even if the project in question would not
require a township Zoning Permit.
7. What are the time limits I must
obey when building in the Association?
The exterior of any
construction must be finished within one year of the time after PSJA Building
Permit issuance and all construction materials removed within that same time.
8. What buildings can I put on my
property?
According to
the Covenant: “No building shall be erected, altered, placed or permitted to
remain on any lot other than one single family dwelling not exceeding two and
one-half stories in height, and one private garage or boathouse, or combination
garage and boathouse for family automobiles and boats, in keeping with the
dwelling so erected. (Article VII, Section 1) The Covenant also bars the use of
trailers, mobile homes, basements, tents, shacks or any other “outbuilding” as
a residence.
9. Where can I find the building
restrictions in the covenant?
The Building and
Use Restrictions in the Covenant are in Article VI of the Covenant. The
provisions governing the Architectural Control Committee are in Article VI. The
Covenant itself can be found as a downloadable PDF file in the Downloads
Section of the Association web site; http://www.theportofstjamesassociation.org
.
10.
Is renting my cottage a non-permitted business use of my property?
While the general
purpose of the Association is not to be a rental service on a large scale, the
Board recognizes that members, for a variety of reasons, may want or need to
rent their cottages occasionally. If members do rent, those occupying the
premises must abide by the Covenant and all Association rules. They can do
nothing with the property that the member cannot do. Additionally, it is the
renting member’s responsibility to provide their renters with all information
necessary to allow them to act within the provisions of the Covenant,
Association Rules and to function within the context of Beaver Island. For
example, renters must obey of the 11:00 p.m. quite hour time at the
Association’s parks and common property. Similarly, renters know how to package
and get rid of garbage and other trash at the transfer station.
11.
There are differences between the provisions of the Covenant and those of
the Township Zoning Ordinance. Which one takes precedence?
The Township Zoning
Administrator and the Board are both in accord that in case of differences
between the Covenant’s provisions and those of the Zoning Ordinance, the
document containing the most restrictive provision will control as to that
provision. In interpreting the two documents, however, it is not always
immediately obvious which one is the most restrictive. For example, The
Covenant states that the minimum square footage for any residence built in the
Association will be 400 square feet of living space exclusive of porches. The
Zoning Ordinance, for areas zoned R-2, which is the classification for the
property in the Association, requires that a residence contain at least 600
square feet of living space. Which is the more restrictive provision?
In the case above
the Zoning Ordinance will control. While it could be said that a cottage of 400
square feet is smaller than one of 600 square feet, therefore the Covenant is
more restrictive and controls, such is not the case. The 600 square foot
requirement of the Zoning Ordinance places a greater burden of compliance upon
the member who is building in both initial cost and eventual maintenance costs.
Therefore, the Zoning Ordinance is, in this case, the more restrictive document
and all cottages built in the Association must have at least 600 feet of living
space exclusive of porches etc.
12.
My lot is in a Michigan Critical Dune Area. Are there special restrictions on
it beyond those in the Covenant?
Yes there are. The
Critical Dunes Act imposes restrictions which are more severe than those of the
Covenant are and its restrictions apply to any lots within and area declared to
be a critical Dune area, For the most part those areas are along Donegal Bay
and also in portions of subdivisions 6 & 7. There are also different floor
area requirements for any structures build in a critical dune area. While the
Association is zoned as R-2 requiring a minimum cottage area of 600 square feet
of living space, cottages built within a critical dune area must meet the square
footage requirements of R-1 zoning; namely 768 square feet. There is a
possibility that this provision may be altered in the future to simply require
buildings to meet the area requirements of the underlying zoning
classification. Until any change is made, however, members building in a
critical dune area will have to meet the current requirement.
13.
Where can I find a copy of the Township Zoning Ordinance?
The Combined Zoning
Ordinance for St. James and Peaine Townships can be accessed and printed from
this URL: http://charlevoixcounty.org/downloads/beaver_island_zoning_ordinance2_1.pdf.
A copy of the St. James Township Zoning map showing all zoning classifications
can be downloaded from this URL: http://charlevoixcounty.org/govern0307.asp
.
14.
Can we build campfires on our property, in the Stable Campground, or at the beach?
Within certain restrictions,
you can build campfires. At the beach and in the Stable Campgrounds campfires
are restricted to specific locations, marked by fire circles. On your own
property you are free to build campfires as long as you have cleared and
prepared a proper fire circle or are using a commercial outdoor fireplace. Fire
circles and areas under outdoor fireplaces must be cleared of all combustible
material and surrounded by either stone or a metal ring.
During periods of
dry weather, the townships often declare a burn ban. Notice of a burn ban is
posted prominently around the Island and the Association posts its own notices
at the Stable Campground and the Pavilion. When a township burn ban is in
effect, all campfires at any location within the Association are prohibited.
C. What other restrictions
besides building controls are there on my use of property or on what I can do
in the Association?
1. Can I use my property for
business?
No, you cannot. The
Covenant specifically states: “…and no business, commercial, or manufacturing
enterprise shall be conducted on [a members property]” Article VII, Section 1.
This is another example of conflict between the Township Zoning Ordinance and
the Covenant. Under the Zoning Ordinance, certain types of home-based businesses
can be carried out in R-2 areas. In thins case, however, the Covenant is the
more restrictive document in that it disallows business and places the highest
burden of compliance on the member.
2. Can I store equipment on my
property?
No, you cannot
store equipment on your property. For example, a member cannot permanently
store equipment such as tractors, backhoes, etc. on his or her property. This
does not mean that a member cannot park a panel truck that he or she uses in
business on his or her property at night.
This is an area
that the Board is looking into as there seems to be a general increase in the
number of boats and other pieces of equipment either on a members vacant
property or on parcels with a home or cottage on the parcel.
In general in
enforcing this provision of the Covenant the Board has, in the past, made
determinations on the basis of whether the use of the property constitutes an
unacceptable visual appearance either in general of to neighboring members. The
Board will act on any complaints it receives from members. It is possible the
in the future the Board will have to implement more specific rules concerning
exactly what may be stored on a members property. As always, the Board welcomes
input from members on such questions.
3. Are there quiet hours in the
Association?
Yes. There are as
to the Association parks, facilities and common properties. In these areas,
quiet hours begin at 11:00 p.m. each day and continuing until 8:00 a.m. the
following day.
Currently, there
are no rules in the Association, which establish general quite hours for all
members. In the past members have by-and-large been considerate of their
neighbors and there has been no need for the board to act in this area. As
noted above, however, member input is always welcome and the Board will respond
to individual cases brought to its attention. Further, if the members wish, the
Board will consider instituting quiet hours for the entire Association during
the summer season.
4. My cottage is not very big. Can
visitors camp on my property?
No. They cannot.
The Covenant specifically prohibits any camping on a member’s property. As
stated in Article VII, Section 2: “No trailer, mobile home, or similar type
structure, basement, tent, shack, garage, barn or other outbuilding shall at
any time be used as a residence, temporarily or permanently, nor shall any
structure of a temporary character or any building in the process of
construction, be used as a residence.”
This restriction is
the main reason why the Association maintains the Stable Campground. The
campground has both rustic and improved sites. Members who have guests they
cannot accommodate in their homes, should arrange for guests to stay at the
campground.
Members should
contact our Island agent, Bud Rouch at 231.448.2885 to make reservations at the
Stable Campground. He will make all necessary arrangements for you to stay at
the campground. If a member needs to use the campground on short notice and Mr.
Rouch cannot be reached, board members Kirk McBride, Buck Ridgeway or James
Latta, can help with arrangements. Each of these board members telephone
numbers are listed in the Beaver Island telephone directory, as is Mr. Rouch’s.
5. I have not built a cottage yet.
Can I camp on my property when I visit?
No. You
cannot. Section 2 of Article VII
of the Covenant noted in the answer to the previous question prohibits use of a
member’s property for camping in all cases. The Stable Campground is available
for just such times. Contact the Association’s Island Agent Mr. Bud Rouch at
231.448.2885 to make reservations at he campground. See the answer to Question
4, above, for additional contact information if needed.
6. Can I park and use my RV on my
property?
No you cannot. Use
of an RV on a lot is use of a mobile home or other temporary structure to live
on a parcel and is prohibited. This is true even if the proposed stay is of
short duration. The easy answer to this situation is to use the Stable
Campground. Contact the Association’s Island Agent Mr. Bud Rouch at
231.448.2885 to make reservations at he campground. See the answer to Question
4, above, for additional contact information if needed.
7. Can I hunt or allow other to hunt
on my property?
Hunting is
forbidden in the parks and common areas of the Association. Whether you allow
hunting on your property is your decision. If, however, you wish to allow
hunting by anyone other than yourself It can only be done by the giving of
written permission as Michigan law forbids any hunting by any means within 450
feet of any dwelling without written permission of the property owners.
In making the decision whether or not to hunt of your
property, you should do so only after acquainting yourself with all Michigan
laws regarding hunting, and with a full understanding of the potential legal
liability you may have in the event of a hunting mishap. Port St. James is a
residential subdivision with many full time residents and hunting
within its borders can pose serious risks to homeowners, dog walkers, and
trail hikers. Members who hunt or wish to allow others to hunt are strongly
advised to check the relevant Michigan laws to be sure they are in compliance
with all regulations. Hunting laws and regulations are on the state DNR web
site at: http://www.michigan.gov/dnr
. Once there, click on the hunting and trapping tab.
8. Can I use off road vehicles in
the association?
Currently, the
short answer to this question is that ORV’s may be driven on county roads
within the Association but may not be used in any places within the Association
off roads.
At the time of this
answer, the State of Michigan has passed a law allowing use of ORV’s on some
roads under certain circumstances. However, counties and townships have the
ability to exempt certain roads from use by ORV’s. The appropriate local
governmental units on Beaver Island have not yet finally made those decisions.
Regardless of
whether the townships restrict use of ORV’s on county roads within the Association,
the plain fact is that there is no land within the Association (aside from
county roads) ORV's may use legally. All land in the Association is private
property. There is no state land in the Association where, under the current
law, use of an ORV off the road would be legal. Further, the Association has
had a long-standing rule, noted on the signboard on Donegal Bay Road, that use
of any vehicle off road is prohibited in the Association.
This rule was put
in place because of the danger of damage to the dune and forest areas within
the Association. Further, much of this land is, in fact, Critical Dune area as
are a large number of specific lots in the Association. Use of ORV’s in these
Critical Dune areas is prohibited under state law.
Members should also
note that the current discussion of ORV’s does not apply to snowmobiles.
Different state laws govern use of these vehicles. Use of snowmobiles on the
roads within the association is permitted and in fact may be necessary in the
winter to permit members to access their properties.
9. Can I store building materials on
my property?
No. You cannot.
Other than temporary storage during the period of construction, the Covenant
Article VII, Section prohibits the use of property as a dumping ground for
trash or rubbish. All “trash, garbage or other waste shall not be kept except
in a sanitary container” This means that permanent storage of construction
materials on a members property is not permissible.
10.
Can I take my dog to the Association’s beach at Donegal Bay?
Yes. You can. Many
members have dogs that enjoy a good swim or romp on the beach. The only thing
that the Board asks of members who do bring dogs to the beach is that they be
considerate of other members who use the beach. This means that members must
have on their person a means to pick up any dog waste their pet leaves, and
they must clean up after their dogs.
This policy holds
in the Association parks and common areas and on the roads as well. Our trails
provide a wonderful opportunity for hiking with a dog. It is good exercise for
members and dogs. Incidentally, if you walk your cat, the same policy applies.
Please do pick up after your pet. This is a simple human courtesy that all
members have a right to expect.
One note of caution,
as of the time of this answer (June of 2009) there is evidence along the Font
Lake Trail of its rather frequent use by coyotes. A good number of coyote scats
are evident on or very near some sections the trail. If you are concerned about
walking your dog in an area where it might meet coyotes, you may want to avoid
taking Font Lake Trail until you have had a chance to walk it yourself and
analyze the situation personally.
11.
My property is in a Michigan Critical Dune Area. Does the Critical Dune Act apply to
me?
Yes it does. You
must comply with all aspects of the Critical Dune Act both as to any buildings
you erect on the property and as to any activities you carry engage in on the
property. For example, cutting of vegetation or other “beach grooming” is not
permitted on property within a critical dune area.
12.
I see yellow speed limit signs along some roads. Is the speed limit really 35 m.p.h.?
This is an
interesting question. The Board believes that the speed limit in the
Association is actually 25 m.p.h. This is because the Association is an R-2
zoned residential subdivision. Michigan law says that such subdivisions are
limited in speed to 25 m.p.h. However, the county road authorities believe that
this limit applies only to R-2 subdivisions with paved roads. After a number of
years of argument back and forth, the Board met with the commission in 2008 and
drove the roads. While the road commission did agree that a speed of 25 m.p.h.
was appropriate and anything in excess 35 m.p.h. was unsafe, it felt powerless
to post the speed as 25 m.p.h.
The current yellow
warning signs noting a speed limit of 35 m.p.h. are the result of that meeting
and represent a compromise. The commission agrees that 25 m.p.h. is a
reasonable speed on the roads in the Association. Absent its perceived ability
to implement such a speed, the commission agreed to post the speed as 35 m.p.h.
using warning speed signs. These signs indicate that the maximum safe speed on
these roads is 35 m.p.h.
If you see persons
driving in excess of the posted safe speed, please notify the sheriff. Tickets can be given out for driving at
a unsafe speed on the roads in the Association and the road commission has
asked the sheriff to enforce the posted speed limits as the maximum safe speed.
The Board believes
that the safe speed limit in the Association is 25. m.p.h. and asks all members
to observe that speed limit. Remember we do have young children and adult
members riding bicycles and walking along these roads. Further, members walk
dogs on the roads. In the recent past, there has been one instance in which a
driver killed a dog being walked. Please see that you do your best not to let
any accidents happen. Certainly, no one wants an accident of this type to
happen which involves children or adult riders or pedestrians. Keeping to 25
m.p.h. when you drive is a good way to avoid accidents.
13.
Can I use a snowmobile in the Association?
Yes. Snowmobiles
are permitted on roads in the Association. Please note however that they are
not permitted off road. In this respect, snowmobiles are subject to the general
restriction in the Association of use of any vehicle off road. For a fuller
discussion of the reasons behind this prohibition, please see the answer to
question 8 dealing with ORV’s.
14.
Can I walk along the beaches in the Association even if the property is private?
Yes within certain
limits. Michigan law provides that there is an easement to the high water mark
for the public on any shoreline in the state. This means that a narrow strip of
beach is available on all beaches for the public to walk. However, it is not
permissible for people to gain access to the beach by crossing over private
property.
Therefore, if you
access the beach at some permitted point, you may theoretically walk around the
entire island on the beach. However, as with all privileges, there are
responsibilities that accompany the exercise of a right. The Board expects that
all persons walking along the beach will confine themselves to the narrow
permitted area and not leave trash of any kind behind. Obviously, vehicular
access is not permitted, nor is any activity that would damage the beach in
question. Further, if you do bring a dog along you must to clean up after it.
Owners of beachfront property have a right to expect that the quiet enjoyment
of their property will not be interrupted or otherwise impacted by people who
walk on the beach.
15.
Can I rent my cottage to non-members?
Yes. You can rent
your cottage. If you do so, however, you are responsible to see that the
renters are aware of all Association rules and regulations and that they follow
them. Members who rent are personally responsible for any damage done renters
either to Association property or to the property of other members. You may want
post a list of Board members with telephone numbers for use of your renters if
they have any questions. You also may want to write up and post for your
renters a list of do’s and don’ts as well as information on what to see and how
to do things such as how to take trash to the transfer station.
D. I see signs noting Parks,
Common Property, and other sites in the Association. What are they?
1. Can I and my guests use the beach
at Donegal Bay?
Yes. The beach at
Donegal Bay is owned by the Association and is available for member’s use of
the. Unless there is a burning ban in place, you are free to use the
established fire circles for beach fires as well. Please remember that you must
fully extinguish all beach fires and remove all trash before you leave. We have
a large number of people who use the beach. Courtesy dictates that you leave it
as you found it, or better yet, better than you found it. So, pick up your
litter and any that others may have left and enjoy the beach. It is one of the
glories of the island.
Please note that
vehicles either four or two wheeled are not allowed on the beach
2. I see signs for trails. Can I use
the trails?
Yes. The trail
system is one of the lesser-known benefits of the Association. They are very
good for cutting walking distances between portions of the Association and they
offer a wonderful opportunity to observe native animals and plants. If you do
not know where the trails are just ask a Board member for a map of the trails.
Do remember portions of the trails run along the property lines of neighbors
whose property abuts the Association, for their sake and for the sake of other
members who want to use the trails, treat the trails with respect. Try always
to leave nothing but footprints.
Also, if you see anything
in the way of an obstruction on any trail, notify a Board member of the
Association’s island agent Mr. Bud Rouch. While we try to walk the trails
regularly to find windfalls and other problems, sometimes things get ahead of
us. If you tell us of a problem with any park, trail or common area we will get
it repaired as quickly as possible.
3. Can I use motor vehicles or
bicycles on the Association trails?
No. The Association
trails are exclusively for walking. Many of them are in critical dune areas
that are especially subject to damage from anything other than careful foot
traffic. Please enjoy the trails, but use them for foot travel only.
4. What is the purpose of the
Pavilion at Donegal Bay?
The Pavilion is in
fact an old pool house from the early days when the Association kept a swimming
pool. Today the Pavilion used by members for meetings, barbeques, and parties.
In fact, members often use it for summer wedding receptions. Members can bring
their own grills to the Pavilion or they may use the permanent grill at the
Pavilion. In addition, a fire circle there can be used during a gathering
unless there is a township burn ban in effect due to dry conditions.
5. Do I need to make a reservation
to use the Pavilion for a party or a picnic?
Yes. The Pavilion
is available for members use on a first come first served basis. Reservations
should be made by contacting the Association Secretary, Connie Boyle. There is
a nominal fee for use of the Pavilion. That fee goes to cover the costs of clean
up and to help maintain the Pavilion structure.
6. What is Mt. Pisgah, and can I
climb it?
Mt. Pisgah is the
highest point on Beaver Island, and you can climb it on foot. It is also a sand
dune in a critical dune area. So please enjoy the climb to the top but be
careful that you do not disturb the plants and trees on the dune. They are the
only thing that holds it in place. As with all common areas in the Association,
use of any vehicles two or four wheeled on Mt. Pisgah is prohibited.
7. Are there any maps that show the
complete set of trails in the Association?
Yes. A number of
years ago the people at the CMU Biological station prepared a map of all the
trails in the Association. If you would like a copy of that map, please ask any
board member. He or She can get you a copy of the map.
8. Can I launch a boat from any of
the parks or Common areas?
Now the Association
has no facilities for launching watercraft. Members can use the public
launching site at Font Lake to launch small fishing boats. The beach at Donegal
Bay is not available for launching any boats. However, if you have a small
kayak or a canoe that can be hand carried to the water, you can launch it at
the North Park. Please note that any craft launched from there must be hand
carried. There is not provision for use of a trailer or for parking a trailer
after use at the park.
9. There are maps of the island that imply that the beach at
Donegal Bay and the McCauley’s Point access trail are public
property. Are they correct?
No. Both these
locations are, in fact, property owned by the Association. The McCauley’s
Point Access Trail is located on a lot owned by the Association. The
Association also owns the beach at Donegal Bay. Technically, these properties
are for the use of members of the Association only.
That, however, is
not the complete answer. While the Association owns these properties, there has
been a long standing policy of the Board to permit use of the Donegal Bay beach
by island residents. It is a beautiful spot and has been used for years by all
island residents as a place to watch a glorious sunset and even to swim.
Similarly, the McCauley’s Point Access Trail is the shortest, but
not only, way for people to get to McCauley’s Point and the
Association has permitted island residents to use the trail. However, it is
incorrect to say that these locations are public property or constitute public
access points.
It is also
incorrect and inappropriate to advertise the locations as areas open to the
general public. The Association has no plans to change its long-standing policy
on use of these areas by island residents. It does reserve the right to deny
access to any one who uses these locations in any manner that violates
Association’s rules or policies, whether they be members, island resident or
the general public. The final
answer is that these locations are private not public property and use by
anyone other than Association members is by permission only.
10.
Can I use the Campground?
Yes. As a member of
the Association, you and your guests can use the Stable Campground. See the
Section on the Stable Campground for full information about the facilities and
use of it.
What is the Stable Campground
and how do I use it?
1. Are the rules at the Stable Campground?
Yes the rules of
the campground are posted on the Association web site, http://www.theportofstjamesassociation.org,
and may be downloaded from there.
2. Can I store my RV or camper at the
Stable Campground?
On a case-by-case
basis and subject to space availability, a camper may be stored for a short
time at the campground. For example, if a member has friend visiting and who
will be staying at the member’s house but needs a place to store a camper or
camp trailer for a few days arrangements can be made to use the campground at a
reduced rate for very short term storage. Members should note that the
campground is a parking space for member’s campers.
3. Can I have a campfire at the Stable
Campground?
As noted in other
answers, campfires are allowed at the campground subject to the rules for
campfires unless there is a township burn ban in effect. All campfires must be
attended at all times and you must completely extinguish the fire when you
retire or leave the campsite.
4. Is there any length of stay
restrictions at the Stable Campground?
Subject to
availability and the campground opening and closing dates, there is no maximum
time limit for use of the campground. Reservations are on a first come first
served basis so members planning a lengthy stay should reserve a campsite early
in the season. The campground closes from mid October to May 15 and no camping
is allowed during this period.
5. Does the Stable Campground have sites
with electrical hookup?
Yes. A certain
number of campsites are equipped for use of campers and camper trailers. These
sites have electrical hookups.
6. Does the Stable Campground
have water hookups?
No. There are no
water hookups for individual campers at the campground. Running water is
available at the stable building. In addition, there are no facilities for
removal of sanitary waste from campers at the campground. Persons wishing to
camp should see that sanitary wastes are removed from all campers before
arrival.
7. Are there showers and toilets at
he Stable Campground?
Yes. The stable
building has showers and bathrooms.
8. What cooking facilities are
available at the Stable Campground?
There is a kitchen
in the stable building available for use, by all campers. The kitchen has a
sink with running water, a stove and a refrigerator.
9. How do I sign up for a campsite
at the Stable Campground?
Reservations should
be made by contacting the Association’s Island Agent, Bud Rouch at
231.448.2885. Before using the campground, you must pay all fees.
10.
Are there quiet hours at the Stable Campground?
Yes. Specific
provisions relating to quite hours and consideration for other campers are in
the campground rules at the Association web site.
11.
When is the Stable Campground open?
The Stable
Campground opens on May 15 each year. It remains open depending on weather
until approximately October 15.
E. Are there any maps that
show the extent of the Association?
Yes. There are a number
of maps available relating to the association. In years past, the Association
had a supply of white print (blue lines on a white background; also called
diazo prints) maps that it gave out to members. Unfortunately, time has made
those mps unusable today. However, the Association has scanned the best copies
of the remaining maps and is currently working on restoring the best copy,
literally pixel by pixel. It is a daunting task that has taken three years of
part time work. However, we are making progress.
In addition, to the
old prints, the association has obtained copies of all the plat maps of the
association and digitized them. These maps show every platted and un-platted
parcel in the Association with measurements and boundary markers.
Together with a
selection of historic maps of the Association, the plat maps have been
collected and are available as a DVD. The DVD is free to Association members.
To obtain a copy, please contact Jim Latta at jameslatta@mac.com. When you do so, make
sure to reference PSJA Maps in the subject line of your e-mail.
When the
reconstruction of the white print map is finished, the Association plans to
print copies and make them available to members.
Additionally, a map
of the Association trails is available from Jim Latta.
F. How do I apply for an
Association building permit?
1. When do I apply for a permit?
You should apply
for a building permit as soon as you have received a township Zoning Permit.
The Association work closely with the township Zoning Administrator. It will act on your application
quickly. You should not apply for an Association permit before submitting you
plans to the township. Issues such as setbacks, size of building and placement
of sanitary and well facilities are controlled by the township Zoning Code.
Members should be certain that their plans are acceptable to the township
before seeking Association approval.
2. Where should I send the permit
application?
In the summer, you
should deliver applications for an Association building permit to the chairman
of the Architectural Committee, Kirk McBride at 38380I Indian Point Rd. You can
also mail the application to Mr. McBride at P. O. Box 400 Beaver Island
Michigan 49782. In the winter applications should be sent to Mr. McBride at
6852 Windemere, Portage, Michigan 49024 Submission are effective when received
for purposes of calculating time limits.
3. How do I get a Permit
application?
Permit applications can be picked up from any member of the Architectural Committee, namely Kirk
McBride, Jack Spanhak and Buck Ridgeway. The application is also available for
download from the Association’s website at: http://theprotofstjamesassociation.org
.
4. How long does the review process
take?
The approval
process is usually rapid as long as the application submission is complete.
Members will have to submit copy of the plans for the project and information
about exterior finishes. The location of all structures and/or fences must be
marked clearly so that the Architectural Committee can determine whether the
proposed project will negatively affect neighboring members. According to the
Covenant, The Architectural Committee is required to review submitted plans
within thirty days of submission. If the plans raise questions or the
submission is incomplete, the approval process may take more than thirty days,
but such situations are unusual.
5. Can I clear my land (stage it)
before obtaining an Association permit?
Please note the
following answer is from the Association’s viewpoint. The Township Zoning
Director may not permit land clearing before issuance of a Zoning Permit as it
violates the technical provisions of the township zoning ordinance.
Technically, a
permit should be obtained before any work starts. However, over the years the
practice has developed by owners of clearing a lot and putting in an access so
that potential buyers can see how the lot will look when a cottage is built. The
Association generally does not object to this practice with the following
conditions. When cleared the lot must not be left in a condition that would
pose a threat to any contiguous owner’s property. In addition, all trees,
brush, etc. must be removed from the lot at the time of clearing. Further, note
that the lot must be graded smooth and if needed for stability planted in a
ground cover.
Any work beyond
simply clearing the lot requires a permit from the Association. Currently this
policy is under review, and it is possible that the Association will require,
in the future, a permit before a lot can be cleared.