(a) The association, in the exercise of its authority to develop,
manage, preserve, and protect Stone Mountain, shall be guided by and
shall adhere to the master plan. That area shown on the master plan
as the "natural district" shall be surveyed on or before December 1,
1995, by a Georgia registered engineer or surveyor and that survey,
as approved by the association members at a regularly scheduled
public meeting of the association, shall become a part of the master
plan. (b) Except as otherwise provided in subsection (c) of this Code
section, the association may, from time to time, amend the master
plan but only in compliance with the following procedure: (1) Any proposed amendment to the master plan shall be described
in written form and, if capable of such description, in visual
form and presented publicly at a regular meeting of the
association; (2) A brief summary of the proposed change shall be advertised in
the legal organs of DeKalb and Gwinnett counties along with the
date on which a meeting of the association shall be held to
consider the proposed change. Directions as to the manner of
receiving comments from the public, including the time and place
of the public hearing on the proposed change required by paragraph
(6) of this subsection, shall be provided. Information describing
the proposed change and the public hearing also shall be
distributed to the media by news release and published in
appropriate publications of the association; (3) The association shall transmit three copies of the summary
provided for in paragraph (2) of this subsection to the
legislative counsel. The copies shall be transmitted at least 30
days prior to the date of the association's intended action.
Within three days after receipt of the copies, if possible, the
legislative counsel shall furnish the presiding officers of each
house with a copy of the summary, and the presiding officers shall
assign the summary to the chairperson of the appropriate standing
committee in each house for review and provide a copy to any
member of that house who makes a standing written request. In the
event a presiding officer is unavailable for the purpose of making
the assignment within the time limitations, the legislative
counsel shall assign the summary to the chairperson of the
appropriate standing committee and provide the copies to members
of each house who have made standing written requests. The
legislative counsel shall also transmit within the time
limitations provided in this paragraph a notice of the assignment
to the chairperson of the appropriate standing committee; (4) In the event a standing committee to which a summary is
assigned as provided in paragraph (3) of this subsection files an
objection to a proposed amendment to the master plan with the
chairperson of the association prior to its adoption and the
association adopts the proposed amendment over the objection, the
amendment may be considered by the branch of the General Assembly
whose committee objected to its adoption by the introduction of a
resolution for the purpose of overriding the amendment at any time
within the first 30 days of the next regular session of the
General Assembly. It shall be the duty of the association if it
adopts a proposed amendment to the master plan over such objection
to notify the presiding officers of the Senate and the House of
Representatives, the chairpersons of the Senate and House
committees to which the summary was referred, and the legislative
counsel within ten days after the adoption of the amendment to the
master plan. In the event the resolution is adopted by such
branch of the General Assembly, it shall be immediately
transmitted to the other branch of the General Assembly. It shall
be the duty of the presiding officer of the other branch of the
General Assembly to have such branch, within five days after the
receipt of the resolution, to consider the resolution for the
purpose of overriding the amendment to the master plan. In the
event the resolution is adopted by two-thirds of the votes of each
branch of the General Assembly, the amendment shall be void on the
day after the adoption of the resolution by the second branch of
the General Assembly. In the event the resolution is ratified by
less than two-thirds of the votes of either branch, the resolution
shall be submitted to the Governor for his or her approval or
veto. In the event of the Governor's veto, the amendment to the
master plan shall remain in effect. In the event of the
Governor's approval, the amendment to the master plan shall be
void on the day after the date of his or her approval; (5) Any proposed changes to the boundaries of that area delineated
on the master plan as the natural district shall be surveyed and
marked at least seven days prior to the public hearing required by
paragraph (6) of this subsection in such a fashion as to be
readily discernible on the ground by members of the public; (6) A public hearing shall be held no earlier than 15 days after
the most recent publication of the notice required by paragraph
(2) of this subsection in either the legal organ of DeKalb or
Gwinnett County; and (7) No sooner than 30 days after the meeting of the association at
which the proposed change was announced pursuant to paragraph (1)
of this subsection, the association shall meet and consider in an
open and public meeting the proposed change which, if approved,
shall become a part of the master plan, subject, however, to the
provisions of paragraph (4) of this subsection. (c)(1) The properties designated as the natural district on the
master plan, as it exists on April 14, 1997, shall be held by the
association in trust for the benefit of the present and future
generations of the people of the State of Georgia. The natural
district shall be put to the designated use or uses which are
shown within the master plan as it exists on April 14, 1997, which
use or uses are found to confer the best and most important
benefit to the public. The natural district shall not be put to
any uses other than those shown on the master plan except pursuant
to the following procedures: (A) If the association determines that there may exist an
imperative and unavoidable necessity for a use of the natural
district other than those uses identified in the master plan,
the association shall hold a public hearing thereon in either
DeKalb County or Gwinnett County; (B) The association shall consider fully all testimony relative
to the proposed use of the natural district and submit a
recommendation to the General Assembly; and (C) The General Assembly may then determine if such use is in
the public interest and may by statute or joint resolution
approve such other use of the natural district. (2) Neither the designation of a piece of property as a part of
the natural district nor any action taken by the association
pursuant to this Code section shall operate to void, preempt, or
dilute any protected status which that property had or would have
had but for its inclusion within the natural district. (3) Notwithstanding any other provision of this Code section to
the contrary, the association shall: (A) Consider in all of its decisions regarding changes to, and
implementation of, the master plan the effect of such change or
implementation upon the rare plant known as the rock aster,
Aster Avitus, growing within Stone Mountain Park; and (B) Maintain the services of a qualified naturalist to assure
that rare and endangered plants within Stone Mountain Park,
whether growing inside or outside of the natural areas, are
protected. |