Brewer Creek Rules

Effective Date - October, 2009

 

Statement of Purpose

The Downs on Severn, Brewers Creek Marina (BCM) is intended primarily for launching and landing currently registered (if required by Federal/State law) boats (22 feet or less), and jet skis, as well as for storage of actively used trailers.  The BCM is notfor long term storage of boats, jet skis or trailers that are not used on a seasonal basis.  The Brewers Creek Marina and Clements Creek Marina are run by different committees and therefore guidelines and rules may differ.

Qualifying for Space at the Marina

All Downs on Severn property owners and residents in “good standing” are entitled to use of the BCM. “Good standing” as used herein indicates that a Downs property owner is current with Homeowner’s Association Dues.

Downs on Severn property owners mayhave one boat/trailer at the marina.  In the case of jet skis, two jet skis (or other small boats) on one trailer will be considered one boat. Any property owner keeping a boat and/or trailer at the BCM access area must have and show evidence of 100% ownership in the boat or jet ski and the trailer.  The committee requires current proof of ownership.

Application Process and Assigning and Maintaining of Spaces

A season for the Brewers Creek Marina Committee (BCMC) is January through December.  All space holders are required to provide annual renewal applications to the BCMC each year by January 15.  If the documentation noted below has already been provided to the BCMC and is up-to-date, only the renewal application is required.  If the space holder’s boat, trailer or jet ski have been changed, then new documentation needs to be provided to the BCMC at the time this change takes place.

New applications will be accepted by the BCMC any time of year along with the following documentation:

  1. Name and address of owner,
  2. A copy of the title of the boat, jet ski, in the homeowners name (if required by the State of Maryland). If a title is not required by the State of Maryland for a non-powered boat, a Statement of Origin and/or Bill of Sale must be provided showing ownership by the homeowner.  In all cases a copy of the title for the trailer in the homeowners name must be provided,
  3. Manufacturer of the boat and length of the boat,
  4. Location of the boat if not stored on the trailer during the boating season, and
  5. Manufacturer of the trailer and its length, and

All boats and trailers must be registered with the BCMC and must bear current state or federal registration, per government requirements for size and motor.  Trailers stored at the marina must have a boat owned by a Downs on Severn property owner associated with it.

Boat/Trailer spaces are limited to one (1) space per Down’s household.  If the marina is full, a wait list will be maintained with accommodation made on a first come, first served basis.  Any household desiring more than one (1) space shall be wait-listed on a space available basis and will only be assigned a space if no other owner is on the wait list.  Owners with more than one space must relinquish the second space immediately if requested by the BCMC.

A numbered space for each boat/jet ski/trailer shall be assigned to the owner by the BCMC.  The boat/jet ski/trailer must remain in its assigned space only AND must remain on the paved parking lot.  In order to best utilize the spaces in the marina, it may be necessary for the BCMC to re-assign spaces from time to time.  The committee will make reasonable efforts to coordinate such activities with the affected owner(s).

In the case that a marina member with an assigned space should sell their approved boat, the owner will have 90 days to purchase a new boat without losing their assigned space.

Rules for BCM Use

  1. No boats over 22' in length and/or their respective trailers may use the BCM for storage.  Boats longer than 22' may be launched at the marina, but their trailers may not be stored there overnight or for any other use than for that day storage while the boat is being used.
  2. All boats in the water that are attached to the piers, other than immediately before or after launching, must have the permission of the BCMC.  The use of the short (“finger”) piers for mooring boats will be treated in the same manner as a space on land.  The BCMC shall report boats that are moored in Brewer Creek in a manner that impinges on the safe use of the BCM to the relevant governing authorities.
  3. Parking of boats/jet skis/trailers anywhere other than assigned spaces is strictly prohibited. When the boat or jet ski is in use, the trailer must be returned to its assigned space. Trailers or vehicles parked along the marina driveway cause erosion to the hillside and are not permitted. Vehicles parked there are in violation of the rules and are subject to impound by authorities.
  4. Boats may only be launched from the launch ramp or piers. Boats may not be launched through the grass.
  5. Littering, excessive noise, or nuisance on boats and premises that would be objectionable to residents is prohibited. Residents who use the piers and access ways for any purpose whatsoever are expected to remove all generated trash and litter from the areas.
  6. No motors and/or gasoline tanks of any size may be stored on the access ways or piers.
  7. The BCM closes at dark. Overnight stays on boats at the BCM piers is prohibited.  After dark or overnight use of the marina, access areas or piers for camping, picnicking, parties, or any other activity not approved by the DPOA Board is strictly prohibited.  Campfires are never permitted.  Police will be called and violators will be prosecuted.
  8. Pumping of heads and/or bilges containing oil or any other substance at or in the vicinity of the piers is illegal and is therefore strictly prohibited.
  9. Boats entering or leaving the docking areas shall proceed with extreme caution. The speed limit on Brewer Creek is 6 mph at all times.
  10. The gate should stay locked at all times when the marina is not in use. The last person leaving the marina at night is responsible for ensuring the gate is locked.
  11. Weekly assignments will be made by the BCMC to space holders to ensure the marina gate is locked each evening. Homeowners assigned storage spaces at the BCM will be required to be available and responsible to check and lock the marina gate when assigned.
  12. The BCMC has the right to manage, control, and assign spaces on the dingy rack at the BCM.

Loss of Assigned Space and Appeals

Any boat or jet ski without valid and current state or federal registration shall be considered to be derelict.  Boats and jet skis will be monitored by the BCMC and if a boat or jet ski is declared inactive by the committee, the homeowner will be required to remove it within 30 days of written notification.  Any boat, jet ski or trailer not registered with the BCMC will be removed at the owner's expense and risk.

Any abandoned or derelict boat, jet ski and/or trailer will be removed at owner's expense and risk.  The marina is not to be used as long term storage.  A boat, jet ski or trailer that has not been used for one year will be considered abandoned or derelict. The committee will make reasonable efforts to contact and notify owners of boats/jet skis/trailers that are at risk of being removed.  If the owner does not respond within 10 days and /or the committee cannot determine ownership, the boat/jet ski/trailer will be considered abandoned on private property and may be sold and the proceeds retained by the Downs on Severn.

A property owner or resident has the right of appeal decisions made by the BCMC after first presenting their appeal at a meeting of the entire committee. Further appeal of BCMC action can be made to the Board of Directors of the DPOA.  The Board's decision will be final.

Liability

The BCMC is not liable for damage or theft of any boat, jet ski, or trailer stored at the BCM or injury to persons using the marina.  Homeowners accept all liability associated with storage and use of the marina.