Owner Resources

Brickyard Creek (BYC) is a planned residential community of condominiums and lake homes bound by a shared respect and appreciation for the natural environment. Our governing vision is that we are a community where the choice to reside is motivated by its intrinsic natural setting and unique character. Our Core Values focus on protecting, restoring, preserving, and sustaining our setting, both within BYC and the surrounding communities, leading by example. All individual owners within BYC have individual and collective responsibilities to help protect our vision and are, subsequently, required to comply with the architectural and building standards set forth in BYC’s legal documents and guidelines.

Pursuant to the Declarations of the Brickyard Creek Condominium Association, the Roy’s Point Shores, and the Brickyard III Lake Homes, an Architectural Control Committee (ACC) has been established as an extension the Board of Directors’ responsibility and authority to ensure that the character of BYC is maintained and protected. The Board of Directors has created the ACC to implement this and gives it the authority to uphold the values, identity, and architectural integrity of the community by the review and oversight of all proposed construction, exterior modification, and the impacts on our natural environment.

The ACC has created and maintains detailed guidelines (ACC Design Guidelines) that inform owners who desire to build new construction or make alterations to the architecture or the natural environment within BYC and of the process that must be followed for approval. All determinations by the ACC will be guided by, but not solely restricted to, the ACC Design Guidelines. The Guidelines and all other BYC legal documents are available to be viewed on theBrickyard Creek Community website. Property owners proposing to do any of the aforementioned work should carefully read the ACC Design Guidelines and discuss possible ideas with the committee before planning their project.

ACC Members:

• The ACC is comprised of three voting members. The initial members are David Culberson, Hung Russell and Steve Sandstrom. The ACC will nominate one alternate member who could serve in the absence or abstention of any one of the voting members. That nominee to be approved by the simple majority vote of the Board of Directors.

Terms:

• The initial terms will be 2, 3, and 4-years respectively for the full-time members and 2-years for the alternate member, with all terms thereafter being 4 years. There is no limit to the number of terms that each member can serve.

Succession/Changes in ACC Membership:

• Expiration/Renewal of Term: At the end of each ACC member’s term, the BOD may choose to confirm that member for another term by a simple majority vote. If the BOD chooses not to confirm said member for another term, the remaining ACC members reserve the right to nominate a new ACC member for consideration by the BOD. Confirmation of a new member will require a simple majority approval vote by the BOD.
• Action initiated by ACC: If an ACC member is determined to be negligent, or incapable of performing his or her responsibilities as set forth in the ACC Guidelines, the other ACC members may recommend to the BOD removal of said person. A decision to remove will require a simple majority approval vote by the BOD. In either this instance, and in any instance where an ACC member resigns, dies or in some other way vacates their role prior to the end of their term, the remaining ACC members reserve the right to nominate a new ACC member for consideration by the BOD. Confirmation of a new member will require a simple majority approval vote by the BOD. The new member shall serve the remainder of the former ACC member’s term.
• Action by the BOD: Any proposal by the BOD to remove a current ACC member at a time that does not coincide with the end of said ACC member’s term will require an approval vote of at least 80% of all BOD members.

Qualifications:

• It is preferred that an ACC member also be a resident/owner at BYC, but it shall not be a requirement.
• The ACC should always strive to have an architect as a member on the Committee, even if that person is not a resident/owner.

Recourse and Penalties:

• The ACC has the authority, on behalf of BYC, to demand work to stop, and be promptly removed when appropriate, to avoid further damage for any actions that do not meet the conditions of ACC Guidelines. Penalties and fines, established by the ACC, will be the BOD’s responsibility to convey and collect from the owner, taking into consideration an ACC review of damages and cost to correct the work and any peripheral damage. Initiating any work listed in the Activities that require ACC Review and Approval (displayed below), without prior approval from the ACC will result in a minimum $500 fine plus applicable damages.

ACC Reconsideration:

• An owner can request reconsideration by the ACC for a denial or conditional approval. After reconsideration, and if there is no resolution, the owner can appeal the decision of the ACC to the Brickyard Creek Board of Directors, based on the criteria set forth in the ACC Guidelines.

Appeals:

• Final decisions made by the ACC are subject to appeal to the BYC BOD. That process is outlined in detail in the ACC Guidelines. In addressing an appeal, the BOD will consider only the facts that are presented to the ACC and the submittal information it received. In order to alter a standing ACC decision, the BOD must determine:
  • that the ACC proceeded without or in excess of its authority;
  • that fair consideration was not given to the owner’s submittal;
  • that the ACC failed to issue a decision within the timeline specified in the ACC Guidelines; or
  • that the ACC prejudicially abused its discretion.
• Abuse of discretion is established if the ACC did not proceed in a manner required by law, the BYC Declarations, the ACC Guidelines, or if the decision is deemed capricious or arbitrary in that it is not supported by the findings set forth in the ACC’s notification or the facts and submission considered by the ACC. The BOD may only:
  • affirm the ACC’s decision
  • reverse it and grant approval of the submittal, or
  • remand the submission to the ACC for further consideration
• Affirmation of the ACC’s decision will require a simple majority vote, while the other two actions will require an approval vote from at least 80% of all BOD members.

• Hydrology​ – The ACC takes into account any change in drainage patterns that could . affect existing vegetation, nearby property, and common areas.
• Vegetation​ – The ACC will take inventory of surrounding vegetation and how any proposed activity could adversely impact its immediate and long-term health. The ACC might allow for the removal of certain types of vegetation. Particular attention is paid to restoration of the Northern Boreal Forest plant community. The ACC might allow for the removal of certain types of vegetation and could make recommendations for alternative designs that might better protect the existing vegetation and/or insist that new indigenous tree species or ground cover be planted in order to provide visual buffers, if needed. ​A list of compatible trees can be found under Plant & Forest Resources on our Community Resources page.
• Visual Impact​ – The ACC requires that all proposed new construction, modifications and alterations be thoughtfully designed with respect to the visual impact on the forest, neighbors and the Community.
• Architectural Integrity​ – The architectural style of Brickyard is based on the Arts and Crafts and Shingle Styles of architecture that were historically significant in the early twentieth century. Other styles of architecture will be reviewed. With any style of architecture the ACC will recommend that the home be architecturally pure to that style. New construction, modifications and alterations must address fenestration, symmetry, proportion, material choice, and colors. Construction quality and materials must be consistent with the established standards within the Brickyard Creek Community. The goal of the ACC is to ensure that all man-made structures blend into the surrounding environment and do not create a visual distraction. The ACC requires natural colors and will provide an allowable color spectrum chart. Massive roof lines, non-buffered two or three story or long wall sections and fences are not allowed​.

For additional information, read this article:

The Brickyard Creek ACC

The ACC exists to ensure that any new construction, addition or modification to any Cottage, home, or common area is thoughtfully designed and built so that the Brickyard Community continues to enjoy the protection of its environment, privacy, visual buffers, and ultimately, property values. Consistent with this responsibility, review and approval are required. Initiating any work for the following activities without approval from the ACC will result in a minimum $500 fine plus applicable damages.

• Architectural design and location of all new construction and addition
• Exterior modifications, additions or changes to any cottage or home
• Infrastructure construction techniques and placement (driveways, wells, holding tanks)
• View corridors
• Clearing or removal of trees and vegetation
• Site restoration plan
• Surface drainage
• Driveway and parking surfaces
• Building pad location and foundation type
• Exterior materials
• Garages
• Storage and firewood sheds
• Decks and/or egress steps
• Exterior paint/stain color spectrums
• Roof material and color
• Exterior communication devices
• Exterior lighting
• Construction material storage and refuse plan
• Signage
• Landscaping

ACC Procedure:

1. Any Cottage or lot owner who proposes any new construction, addition, or modification to their Cottage or lot needs to first contact the appointed Association representative, who will then contact ACC members David Culberson, Hung Russell, and Steve Sandstrom. The owner will submit the ​Owner Requirements​ listed above at that time. Contact info: ​Jeffery Garrett​ at 715-781-3958 or email @ ​ jeffery.byc@gmail.com

2. The ACC will determine if the submission contains sufficient information to start the review process. If insufficient, the ACC will ask for additional information from the owner. The ACC may contact the Cottage or lot owner to discuss the proposed work and to set up a site meeting to inspect the site and to collect additional plans and photos, if necessary.

3. The owner must flag the proposed impacted area prior to the site meeting.

4. The ACC will review the site and plans and other required documents and will take one of three actions:

- Deny approval of the proposed activity or suggest alternatives if the impact of the proposed work causes unacceptable degradation to the environment or the Community, based on the previously mentioned criteria.

- Approve the proposed work with modifications or conditions.

- Approve the proposed work as submitted.

5. The ACC decision will be sent to the owner and the Association representative for their records.

6. The ACC will do everything reasonable to work with the Cottage or lot owner in a timely and professional manner. The time frame for a decision will depend on the complexity of the request.

7. If the submittal is approved the ACC will occasionally inspect the ongoing work to ensure that the builder or owner is in compliance with any ACC decision.

8. Legal definitions and procedures with respect to the ACC can be found under Association Legal Documents on our Owners Only page.

The following items must be provided to the ACC along with the request for new construction, additions or modifications:

1. Intention​ ​– Brief description of proposed activity and its purpose
2. Photos of the impacted area
3. Site Restoration Plan
4. Required drawings:
   • New Homes and Cottages and major additions to existing structures require:
     1. Dimensioned footprint and front, side and rear elevations
     2. Door and window sizes and location
     3. Siting of all structures and infrastructure
     4. Material selection
     5. Color choices
   • Modifications and Alterations to existing structures or site ​require a sketch with proposed dimensions, materials and colors
5. Construction schedule and logistics​ (material storage location, erosion control,
   temporary worker parking)
6. Construction Debris​ Plan ​- Brickyard Creek Community dumpsters are ​not​ to be used for
   construction material, whether from new construction or maintenance work on any
   house or cottage. Debris can be disposed at the BRB Recycling Center
7. Compliance ​with all Township, County, State and Brickyard Creek regulations (If Applicable)
   • Bayfield County Land Use Permits​ – Required for new construction, any
     landing or deck larger than 40 sf., any structure or addition over 200 sf.
   • State UDC Permit ​– New construction and habitable additions and/or
     structural modifications.
   • State UDC Inspections and more information –
     http://www.alder-eng.com/area.php
   • Compliance with all Brickyard Creek rules and fees found under Common Expectations on our Owner Pesources page.