Lake Miramichi Building Restrictions

Information taken from Protective Covenants of the LMPOA dated 2002

1. Lots shall be used exclusively for residential purposes except those lots that may be designated, subject to rezoning (if any), and zoned as business or commercial areas on the plats by Lake Miramichi, Inc.

2. Not more than one single family dwelling house may be erected or constructed on any one lot, nor more than one building or garage for storage purposes and provided further that no building or structure of any kind shall be erected prior to the erection of a dwelling house. No accessory or temporary building shall be used or occupied as living quarters. No structure shall have tar paper, roll brick siding, or similar material on outside walls. No house trailers, tents, shacks, or similar structures shall be erected, or moved to, or placed upon said premises. All buildings must be completed within six months from date the construction commences.

3. No residence shall have less than 900 sq. ft. of living space on the ground floor, or first floor exclusive of porch area. All foundation and structural plans for any building or structure are subject to the approval of Lake Miramichi, Inc., or its assigns. No porch or projection of any building shall extend nearer than thirty (30) feet from any road right-of-way, nor nearer than ten (10) feet from the property line of any abutting property owner, nor within fifty (50) feet from the normal high water line of Lake Miramichi, as shown on recorded plats.

4. No outside toilet shall be allowed on any premises. No untreated waste shall be permitted to enter into Lake Miramichi. Each dwelling shall have an individual sanitary unit and the owner of said lot shall install a septic type of sewage treatment plant, or any other type of plant, approved by the Osceola or Mecosta County Health Department, whichever department is controlling. All sanitary units must conform with the recommendations of the appropriate County Health Department and Lake Miramichi, Inc., or its successors or assigns. No drain field, or other disposal system shall be allowed nearer than sixty (60) feet from the normal high water mark of Lake Miramichi subdivision.

5. No noxious or offensive trade or activity shall be permitted on any lot, nor shall anything be done thereon that shall be or become an annoyance or nuisance to the neighborhood. No animals or fowl shall be kept or maintained on said lot except customary household pets. No signs of any kind shall be displayed on any lot without the written permission of Lake Miramichi, Inc., or its successors or assigns. All lots must be kept in a tidy manner. Failure to do so will result in maintenance of said lot by the Property Owners Association in which event a proper charge for same will be levied, and collected as provided in Restriction Number 9 hereof.

6. No boat docks, floats, or other structures extending into the Lake shall be constructed or placed into or on said Lake without prior written approval of Lake Miramichi, Inc., its successors or assigns. Use of the Lake shall be in compliance with the Rules and Regulations of the Lake Miramichi Property Owners Association, Inc.

7. Lake Miramichi, Inc. for itself, its successors and licensees, reserves a ten (10) foot wide easement along all road rights-of-way and a five (5) foot wide easement along the side and rear lines of each and every lot for the purpose of installing, operating, and maintaining utility lines and mains thereon, together with the right to trim and/or cut or remove any trees and/or brush and the right to locate guy wires, braces, and anchors wherever necessary for said installations, operations, or maintenance; together with the right to install, operate, and maintain gas and water mains, sewer lines, culverts, and drainage ditches, and other services and appurtenances thereto, for the convenience of the property owners, reserving also the rights of ingress and egress to such areas for any of the purposes mentioned above.

EXCEPTIONS: (1) Where an owner of two or more adjoining lots constructs a building that shall cross over or through a common lot line, said common lot line shall not be subject to the aforementioned five (5) foot easement unless it is shown on recorded plats; (2) No easement shall exist on that portion of any waterfront lot running along or abutting the shoreline of Lake Miramichi unless shown on the recorded plats, except, however, Lake Miramichi, Inc. for itself, its successors, assigns, and licensees, reserves the right to cause or permit drainage of surface waters over and/or through said lots. Lake Miramichi Inc., its successors or assigns, reserves an easement on, over, or under all road rights-of-way for the purpose of installing, operating, and maintaining the above mentioned utilities and drainage. The owners of said property shall have no cause of action against Lake Miramichi, Inc., its successors, assigns, or licensees either at law or in equity excepting in case of willful negligence by reason of any damages caused said property in installing, operating, removing, or maintaining the above mentioned installations. Lake Miramichi, Inc., its successors and assigns, reserves all mineral rights and underground storage rights in and under said lands.