In late 2018, a $1.5 million loan was awarded to The Union Mill Lake Colony Club (UMLCC) and the Township of Evesham (as co-borrowers) by the New Jersey Department of Environmental Protection, Dam Safety Division for the rehabilitation of the Union Mill Lake Dam and Spillway. Construction was completed in late 2020.  UMLCC is responsible for loan repayment in the amount of $400,000.

 

Also in late 2018, some property owners filed a lawsuit in the matter of Dixon, et al v. The Union Mill Colony Club, et al, Docket No. BUR-L-02239-18.  These property owners challenged their responsibility toward DEP loan repayment as well as mandatory UMLCC membership and annual maintenance dues and fees.

 

In early 2021, a settlement agreement was made. It was determined that all property within the 1951 original purchase tract of Union Mill Lake, Evesham Township, Burlington County, New Jersey is subject to deed rights and restrictions and is part of a common interest ownership plan with certain restrictions in place.  All such property has been determined to be responsible for certain fees, dues, and assessments for rehabilitation and maintenance of Union Mill Lake and/or Union Mill Lake Dam.  (see MEMBERS and NON-MEMBERS pages for details on specific properties.

 

​As a result, the following was determined:

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DEP Dam Safety Loan Repayment Financial Responsibility

• All property owners within the Union Mill Lake original purchase tract have common interest ownership in the Union Mill Lake Dam, and thus are all responsible for the aforesaid loan for rebuilding the dam. 

 

• This repayment shall be in the form of a special assessment on each property to be paid over a 20 year period. 

 

• The amount of each property's assessment will be determined by Evesham Township pursuant to NJSA 58:4-11 et seq.

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• The Township of Evesham manages the DEP loan finances and is the party to whom loan repayment shall be made via a 20 year annual assessment beginning in 2022 or 2023.

 

 

Annual Membership Dues and Non-Member Dam-Related Expense Financial Responsibility

• Owners of developed properties adjacent to and/or abutting and/or contiguous to the Union Mill Lake shall be deemed members of UMLCC and are bound by the by-laws, rules and regulations of UMLCC, including the obligation to pay 100 percent dues and assessments as determined annually by UMLCC.

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• Property owners of developed properties not adjacent to, abutting or contiguous with the lake are not mandatory members of UMLCC but are required to contribute to dam related expenses including:  liability insurance premiums for the dam only, one half of the Club’s D&O insurance premiums, all inspections required by law, legally required maintenance and repair of the dam, taxes on the dam and professional fees directly related to the upkeep and maintenance of the dam. These specific expenses shall be hereinafter referred to as the “agreed upon dam related expenses” and it is specifically agreed that Plaintiffs shall not be liable or responsible to UMLCC for any other costs. The insurance set forth above shall be for insurance at the current level of coverage and the “agreed upon dam related expenses” shall not include any premiums for increased levels of coverage unless such increase is required by law. 

  • These property owners' annual contributions shall be made based upon the formula of 2.4% of all agreed upon dam-related expenses until date that Dam Safety Loan Special Assessment percentages have been determined by Township.  At that time, the amount of annual contributions will be amended to be in accordance with with the proportionate share established by Evesham Township for the repayment of the dam loan and the 2.4% will no longer apply. 

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• Property owners of undeveloped property adjacent to and/or abutting and/or contiguous to the Union Mill Lake are not mandatory members of UMLCC but are required to contribute to dam related expenses including:  liability insurance premiums for the dam only, one half of the Club’s D&O insurance premiums, all inspections required by law, legally required maintenance and repair of the dam, taxes on the dam and professional fees directly related to the upkeep and maintenance of the dam. These specific expenses shall be hereinafter referred to as the “agreed upon dam related expenses” and it is specifically agreed that Plaintiffs shall not be liable or responsible to UMLCC for any other costs. The insurance set forth above shall be for insurance at the current level of coverage and the “agreed upon dam related expenses” shall not include any premiums for increased levels of coverage unless such increase is required by law.

  • These property owners' annual contributions shall be made based upon the formula of 3.6% of all agreed upon dam-related expenses until date that Dam Safety Loan Special Assessment percentages have been determined by Township.  At that time, the amount of annual contributions will be amended to be in accordance with with the proportionate share established by Evesham Township for the repayment of the dam loan and the 3.6% will no longer apply. 

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• Property owners in the latter two categories (non-mandatory members) may elect to become members of UMLCC on  an annual basis and pay dues and assessments at the same amount as mandatory members.  This amount will include their annual dam-related expenses - it will not be in addition to.

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• The UMLCC manages the Lake and Club finances and is the party to whom annual Membership Dues and Non-Member Dam-Related Expenses shall be paid.

 

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Contact information for UMLCC is as follows:

Union Mill Lake & Colony Club

P.O. Box 235

Marlton, New Jersey 08053

 

Email: UnionMillLakeCC@gmail.com

Website: https://sites.google.com/site/umlakecc/