A. On August 19, 2008, Mayor Ralph Becker signed an Executive Order outlining procedures whereby a plan review applicant ("applicant") could request expedited plan review for projects involving new construction or major renovation if such projects met certain sustainable building criteria. These procedures included a requirement that the expedited review applicant submit a monetary deposit to the City with the understanding that such deposit would only be refunded after the completed project obtained the necessary Leadership in Energy in Environmental Design ("LEED") or Energy Star Program ("ENERGY STAR") certification. The August 19, 2008 Executive Order however, did not specify a time frame in which the applicant must obtain the necessary certification in order to avoid forfeiting the monetary deposit provided to the City.
B. After the issuance of the August 19, 2008 Executive Order, there have been numerous instances in which applicants for expedited review completed their building project without obtaining, or even coming close to obtaining, the certification required to receive a refund of their monetary deposit. The fact that no time frame for obtaining such certifications is clearly set forth in the August 19, 2008 Executive Order, raises questions as to when the forfeiture of the monetary deposit actually occurs in such circumstances. Consequently, the August 19, 2008 Executive Order is hereby amended to set forth the time frame during which an applicant must obtain the appropriate LEED or ENERGY STAR certification in order to receive a refund of the applicant's monetary deposit. (2019 Compilation)