07 LC
25 4830
House
Bill 548
By:
Representatives Buckner of the
130th,
Thomas of the
100th,
Porter of the
143rd,
Reece of the
11th,
Benfield of the
85th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of
Georgia Annotated, relating to the Jekyll Island—State Park Authority, so
as to provide legislative findings and declarations; to define certain terms; to
restrict development of certain portions of Jekyll Island; to require the
authority to adopt and enforce certain restrictions and requirements on
construction of major facilities; to require the authority to impose
restrictions and requirements on amounts of impervious surfaces on the island;
to require the authority to impose certain restrictions and requirements on golf
courses; to require the authority to impose certain restrictions and
requirements on irrigation; to require the authority to impose certain height
restrictions on buildings; to require the authority to impose certain
restrictions on the number of housing units; to provide an effective date; to
provide that certain contracts shall not be impaired; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
The
Georgia General Assembly finds and declares that Jekyll Island is home to some
of the state´s most treasured natural resources, and the island is a vital
area recognized by this body as "Georgia´s Jewel." It is the expressed
intent of this body to protect and preserve these natural resources, the
environment of the island, and its land and water areas and make them available
for the enjoyment of all Georgians now and for future generations to come.
Accordingly, this Act is enacted pursuant to Article III, Section VI, Paragraph
II(a)(2) of the Constitution.
SECTION
2.
Part
1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia
Annotated, relating to the Jekyll Island—State Park Authority, is amended
by revising subsection (a) of Code Section 12-3-243, relating to subdivision,
improvement, lease, or sale of Jekyll Island by the Jekyll Island—State
Park Authority, authority powers generally, disposition of proceeds of sale,
creation of reserve fund, and signing conveyances, as follows:
"(a)(1)
The authority is empowered to survey, subdivide, improve, and lease or sell to
the extent and in the manner provided in this part, as subdivided and improved,
not more than 35 percent of the land area of Jekyll Island which lies above
water at mean high tide, provided that the authority shall in no way sell or
otherwise dispose of any riparian rights; and provided, further, that the beach
areas of Jekyll Island will never be sold but will be kept free and open for the
use of the people of the state.
(2)(A)
The authority shall not survey, subdivide, improve, lease, sell, develop, or
otherwise cause a project to be constructed on the 65 percent of the land area
of Jekyll Island which the authority is not empowered to survey, subdivide,
improve, and lease or sell pursuant to paragraph (1) of this subsection;
provided, however, that nothing in this
paragraph
subparagraph
shall be construed as to require the removal of any improvement on such land
area which was completed on March 14, 1995.
(B)
All of that portion of Jekyll Island lying south of 31 degrees, 1 minute, 34
seconds North latitude as such latitude is depicted on the 1993 USGS topographic
survey 7.5 minute series quadrangle map shall always be included within the 65
percent of the land area of Jekyll Island which the authority is not empowered
to survey, subdivide, improve, and lease or sell pursuant to paragraph (1) of
this subsection; provided, however, that nothing in this subparagraph shall be
construed as to require the removal of any improvement on such land area which
was completed prior to the effective date of this subparagraph; and provided,
further, that this subparagraph shall not prohibit the construction and use of
any public bicycle trails or nature trails on such land area by the
authority.
(C)
Any buffer area of undisturbed land that is required by other law or regulation
shall be considered as in addition to the 65 percent of the land area of Jekyll
Island which the authority is not empowered to survey, subdivide, improve, and
lease or sell pursuant to paragraph (1) of this
subsection."
SECTION
3.
Said
part is further amended by adding new Code sections to read as
follows:
"12-3-243.2.
(a)
As used in this Code section, the term:
(1)
'LEED silver standard' means the United States Green Building Council Leadership
in Energy and Environmental Design green building rating standard referred to as
silver standard.
(2)(A)
'Major facility project' means a construction or reconstruction project larger
than 5,000 gross square feet of occupied or conditioned space.
(B)
'Major facility project' does not include:
(i)
Specific projects for which the authority and the project design team agree that
the sustainability standards are not practicable; or
(ii)
Transmitter buildings, pumping stations, or other similar building types as
determined by the authority.
(3)
'Sustainability standards' means the LEED silver standard or some other building
standards that provide environmental and sustainability standards substantially
equivalent to or exceeding the LEED silver standard.
(b)(1)
Not later than July 1, 2007, the authority shall approve and adopt, and may
amend thereafter, sustainability standards.
(2)
On and after July 1, 2007, the authority shall not authorize the construction on
Jekyll Island of any new major facility the design and construction of which
does not meet or exceed the requirements of the sustainability standards of the
authority.
12-3-243.3.
On
and after the effective date of this Code section, the authority shall not
authorize any new or additional development of any lot or parcel of land which
would cause more than 15 percent of the area of such property to be covered by a
surface that is impervious to water.
12-3-243.4.
(a)
As used in this Code Section, the term 'Certified Audubon Cooperative Sanctuary'
means a golf course which has been certified as such by Audubon International
under the Audubon Cooperative Sanctuary Program for Golf Courses.
(b)
On and after the effective date of this Code section, the authority shall
require that any new golf course constructed on Jekyll Island shall become a
Certified Audubon Cooperative Sanctuary not later than three years after the
date on which the first golf game is played on such course.
(c)
The authority shall require that any golf course constructed on Jekyll Island
prior to the effective date of this Code section shall become a Certified
Audubon Cooperative Sanctuary not later than three years after the effective
date of this Code section.
(d)
The authority shall require that no golf course or commercial property in use on
Jekyll Island on or after three years following the effective date of this Code
section shall use potable water for irrigation.
12-3-243.5.
On
and after the effective date of this Code section, the authority shall not
authorize the construction of any new building or reconstruction or modification
of any existing building which would result in the highest point of such
building exceeding 35 feet above the lowest ground elevation at the
site.
12-3-243.6.
On
and after the effective date of this Code section, the authority shall not
authorize the construction of any new building or reconstruction or modification
of any existing building which would cause the total number of residential
housing units on the island to exceed 1,500."
SECTION
4.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
5.
Nothing
in this Act shall be construed to impair the obligation of any valid contract
entered into prior to the effective date of this Act; provided, however, that
this Act shall apply to any extension or renewal of any such contract on or
after such date.
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.