DUNWOODY, Ga. — A dispute is growing in a Dunwoody neighborhood after residents say a collapsed spillway at Kingsley Lake is putting nearby structures and public infrastructure at risk. The City of Dunwoody, however, maintains the lake and spillway are private property and says it is not responsible for repairs.
Neighbors packed Monday night’s city council meeting wearing orange work vests to symbolize the urgent need for accountability and repairs.
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Whitney Delaney, president of the Kingsley Racquet and Swim Club, says emergency spillway gave way months ago and fears conditions are worsening.
“Every time I go down there, more cement has fallen, and more hillside is gone,” Delaney said.
Delaney said she was first notified in August that the spillway had collapsed and that city and county officials had already met to discuss it.
“When my vice president and I walked down there one day, we were like, ‘Oh, my gosh, this is crazy,’” she added.
Patrick Kelly, president of the Kingsley Lake Association, said his biggest concern is the potential for a larger failure.
“My greatest fear is that we have a collapse of the dam itself,” Kelly said.
Residents say Kingsley Lake functions as part of the city’s stormwater system, even though KRSC does not control or use the lake. The lake’s emergency spillway, built on KRSC property, collapsed over an existing DeKalb County sewer line.
Neighbors say after each rain, red clay and broken concrete continue to fall which they fear could lead to ground instability, sewer damage, and even falling trees as the hillside erodes.
The City of Dunwoody defended its position in a statement:
<i>Kingsley Lake is not a natural lake. A developer dammed a creek to create a private lake for the private enjoyment of the homeowners surrounding it. Prior to cityhood, DeKalb County included the following language on the Kingsley Lake and the Kingsley Racquet & Swim Club property plats: DeKalb County is not liable or responsible for the extension of the cross drains shown on property or for erosion or flooding of storm drains.</i>
<i>The City of Dunwoody does not control the lake, the dam, or the flume that is damaged. The City has not negligently constructed or maintained its drainage system in a way that damages the lake, the dam, or the flume. Historical photographs show that the flume has not been maintained, and as far back as 2010, photos show damage to the flume in the same area as the current damage. This is private property that the general public does not have access to, and the City of Dunwoody is not responsible for repairing this private property.</i>
<i>The stormwater fee that is collected by the City is used to maintain and repair stormwater infrastructure for two primary reasons:</i>
- Stormwater infrastructure located adjacent to and under the public roads must be maintained and repaired so that the general public can continue to use those roads.
- Stormwater infrastructure impacting public properties must be maintained and repaired so that the general public can continue to have access to those properties.
<i>There are certain properties in the City where the recorded plats required DeKalb County to maintain stormwater infrastructure on private property, because the property was in a special stormwater tax district. When the City was formed, the City assumed this responsibility from the County. Redfield is one of those particular properties, but Kinglsey Lake and the flume are not. </i>
<i>The City meets all State regulations regarding stormwater management. Given the pending threat of litigation, the City will not comment further on this matter at this time.</i>
— City of Dunwoody
Despite the city’s stance, residents argue the spillway runs over the DeKalb County sewer line and connects to the city’s stormwater system, creating potential infrastructure risks.
“I thought that’s what city government was here for...to help its citizens, to help us come up with a solution,” Delaney said.
“I would just say let’s talk. Let’s come together and have a real conversation about how we can stabilize this area for the future of Dunwoody,” Kelly added.
The debate over responsibility continues as neighbors and city officials stand firm on their positions, and the future of the Kingsley Lake spillway remains uncertain.
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