The Chair of the Board of Adjustment, any member acting as chair, and/or the Clerk to the Board shall be a notary of the State of North Carolina to be authorized to administer oaths to witnesses in any matter coming before the Board of Adjustment. Any person who, while under oath during a proceeding before the Board, willingly swears falsely is guilty of a Class 1 misdemeanor.
o. Subpoenas
The Board of Adjustment through the Chair, or in the Chair's absence anyone acting as chair, may subpoena witnesses and compels the production of evidence. To request issuance of a subpoena, persons with standing under North Carolina General Statutes §160D-1402 may make a written request to the Chair explaining why it is necessary for certain witnesses or evidence to be compelled. The Chair shall issue requested subpoenas he or she determines to be relevant, reasonable in nature and scope, and not oppressive. The Chair shall rule on any motion to squash or modify a subpoena. Decisions regarding subpoenas made by the Chair may be appealed to the full Board of Adjustment. If a person fails or refuses to obey a subpoena issued pursuant to this subsection, the Board of Adjustment or the party seeking the subpoena may apply to the general court of justice for an order requiring that its subpoena be obeyed, and the court shall have jurisdiction to issue these orders after notice to all proper parties.
p. Appeal via Judicial Review
Every quasi-judicial decision shall be subject to review by Wake County Superior Court by proceedings in the nature of certiorari pursuant to North Carolina General Statutes §160D-1402. Any petition for review by the Wake County Superior Court shall be filed with the Clerk of Superior Court within 30 days after the decision of the Board of Adjustment is effective, or after a written copy thereof is given in accordance with this Article. The decision of the Board of Adjustment may be delivered to the aggravated party either by personal service or by registered mail or certified mail return receipt requested. When first class mail is used to deliver notice, three (3) days shall be added to the time to file the petition.
q. Expiration of Permits
Any order or decision of the Board of Adjustment granting a permit for a special use permit or a variance shall expire if the applicant does not obtain a building permit or Certificate of Occupancy or if the project has not been substantially commenced, for such use within 12 months from the date of the decision by the Board of Adjustment, except
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