27.12.705 Certificate of compliance.
Compliance with this chapter is demonstrated through the issuance of a certificate of compliance. Those activities that are listed as exempt activities under CCC 27.12.035 do not require a certificate of compliance. For those development proposals requiring a permit or approval from Clallam County under other provisions of the Clallam County Code, a finding of fact or conclusion of law, or other documentation illustrating consistency with this chapter will satisfy the requirement for a certificate of compliance.
(1) Application for Certificate of Compliance. A request for a certificate of compliance shall be made on forms provided by the Administrator and shall contain the minimum information specified in this section and Chapter 26.10 CCC, Consolidated Development Permit Process Code. For those regulated uses and activities, which require a permit or approval under other provisions of the Clallam County Code, the application for such permit may be used provided that it contains all of the information specified in this chapter.
(2) Requirements for a Certificate of Compliance.
(a) A certificate of compliance not associated with another development permit that is administered by Clallam County shall be processed as a Type I permit pursuant to Chapter 26.10 CCC, Consolidated Development Permit Process Code. For those regulated uses and activities which require a permit or approval under other provisions of the Clallam County Code, a written determination of consistency with this chapter by the Administrator shall satisfy the provision for a certificate of compliance.
(b) Issuance of a certificate of compliance by Clallam County certifies that a proposed development activity meets the requirements of this chapter, as conditioned (if applicable). Any significant change to a development proposal shall be disclosed by the applicant whereby a new certificate of compliance may be required to be submitted for review and approval.
(c) Mitigation Plan. The Administrator may require that a mitigation plan be prepared consistent with the provisions of Part Eight of this chapter in order to ensure compliance with the policies and standards of this chapter.
(d) Reconsideration and Appeal of Decision. The decision of the Administrator on a certificate of compliance application may be reconsidered or appealed pursuant to Chapter 26.10 CCC, Consolidated Development Permit Process Code.
(3) Before a certificate of compliance is granted, it shall be shown that:
(a) The proposed development is consistent with this chapter; and
(b) The proposed development is consistent with the Clallam County Comprehensive Plan, CCC Title 31; the Clallam County Zoning Code, CCC Title 33; CCC Title 35, Clallam County Shoreline Master Program (SMP); the Clallam County Environmental Code, Chapter 27.01 CCC; and the other applicable provisions of the Clallam County Code; and
(c) The proposed development is consistent with watershed, flood management, ground water, and other plans adopted by ordinance or resolution by the Board of Clallam County, as they apply.
(4) Effectiveness and Expiration of a Certificate of Compliance. A certificate of compliance shall be valid for a period of three (3) years, or the expiration date of the associated land use permit, whichever is longer, subject to any conditions of approval related to the timing of regulated activities on all or a portion of the development proposal site. The certificate of compliance shall be limited to those regulated uses and activities proposed and reviewed by the Administrator as part of the certificate of compliance application. Regulated uses and activities that were not proposed or reviewed for consistency with this chapter shall comply with the full provisions of this chapter. A certificate of compliance shall cease to be effective if the applicant fails to comply with any condition of approval. A certificate of compliance may be renewed for an additional three years upon request and subsequent determination by the Administrator that any related reports and/or mitigation plans do not need to be updated, and that the critical area is protected from negative impacts from the proposed development activity.