Arad County Council*

Conditions regarding the issuance of the prior agreement:

(1) The beneficiary of the works or objectives that are to be executed or located in the area of the county road of interest is obliged to obtain, at the design phase, the Prior Agreement from the Arad County Council.

(2) The prior agreement is issued by the Arad County Council, through the Department for Approvals and Agreements. Depending on the specific technical conditions, on a case-by-case basis, the prior agreement may undergo modifications to its content, in relation to the complexity of the objectives that are to be located in the road area.

(3) The prior agreement is issued for a certain function and/or destination of the objective, as presented in the technical memorandum.

(4) Changing the function and/or destination of the objective entails obtaining the acceptance of the road administrator, namely the Arad County Council, for the new situation.

(5) The applicant/beneficiary of the prior agreement for placement in the area of the county public road is obliged, at the first request of the administrator/owner of the public road and unconditionally, to carry out, at the expense of the applicant/beneficiary, the diversion of networks (water, telecommunications, electrical, sewage, natural gas, etc.).

(6) The prior agreement is valid only for the design and financing phase, for the entire validity period of the Urbanism Certificate. The prior agreement does not give the right to start works without obtaining the Placement and/or Access Authorization on the public road area.

(7) The steps to be followed for the issuance of the Prior Agreement are as follows:

• The applicant will submit the documentation at the Registry of the Arad County Council, in two (2) copies;
• In the case of submitting documentation exclusively in electronic format, the documentation will be signed with a qualified or advanced electronic signature, as defined by Art. 3 points 11 and 12 of Regulation (EU) No. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC, by all specialists provided by law, according to their acquired right of professional practice, the document having the same legal value as the Urbanism Certificate issued in script format;
• Analysis, by the Department for Approvals and Agreements of the Road and Bridges Management Service within the Technical Investments Directorate, of the technical documentation submitted by the applicant;
• Issuance by the Arad County Council, through the Department for Approvals and Agreements, of the Approval/Prior Agreement, within a maximum of 15 working days from the date of registration of the complete specific request/documentation, (paragraph 20, letter b, of Law No. 193/2019 for amending and supplementing Law No. 50/1991 regarding the authorization of construction works), respectively a maximum of 5 working days from the date of registration of the complete specific request/documentation, in the case of obtaining the prior agreement for utility networks (paragraph 20, letter b^2, of Law No. 193/2019 for amending and supplementing Law No. 50/1991 regarding the authorization of construction works), or communication of the Refusal to issue the Approval/Prior Agreement, as the case may be;
• Sending to the applicant, in writing or by electronic mail, if the latter has declared their email address, within at most 5 working days from receiving the documentation, if additions to the submitted documentation are necessary (art. 7 paragraph 20, letter b^3, of Law no. 193/2019 for amending and supplementing Law no. 50/1991 regarding the authorization of construction works);
• The prior agreement/Refusal to issue the prior agreement will be signed by the President of the Arad County Council, Executive Director of the Technical Investments Directorate, Head of the Road and Bridges Management Service, and by the person who prepared it from the Department for Approvals and Agreements;
• Communication of the Prior Agreement/Refusal to issue the Prior Agreement to the applicant, by the Department for Approvals and Agreements;
• In the case of obtaining approvals and agreements through the single agreement commission, correspondence between the competent public authorities for construction authorization and the issuers of approvals will be carried out through the portal http://www.edirect.e-guvernare.ro/; (point 38, paragraph (1^3), of Law no. 193/2019 for amending and supplementing Law no. 50/1991 regarding the authorization of construction works);
• Depending on the situation on the ground, the Arad County Council, through the specialized department, may request the completion of the documentation with other written or drawn documents, on a case-by-case basis;
• The administrator of county roads may request additional clarifications regarding the objective to be located, within 5 days of submission of the documentation, with a corresponding extension of the term for issuing the prior agreement;
• The prior agreement does not take the place of placement and/or access authorization to the county road.

If the submitted documentation is incomplete or with insufficient identifying elements, this will be notified to the applicant within 5 working days of the date of registration of the application, with specification of the missing elements from the documentation. Starting from the date of notification, the legal deadline for issuing the Prior Agreement is postponed by the number of days necessary for the applicant to register the additions made to the initial documentation.

• informs the applicant of the legal, economic, and technical status of the land and constructions existing at the date of the request, in accordance with the provisions of urban plans and their related regulations or territorial arrangement plans, as the case may be, endorsed and approved according to the law;
• establishes the urban planning requirements that are to be met depending on the specifics of the location;
• establishes the list of approvals/agreements necessary for authorizing the execution of construction works;
• indicates by name the technical-utility network operators who will issue these approvals/agreements; approvals will be requested only from the holders of aboveground and underground networks affecting the land area and/or the constructions for which the urban planning certificate is requested, by consulting the urban database constituted under the law;
• notifies the investor/applicant regarding the obligation to contact the competent environmental protection authority, in order to obtain its opinion and, as the case may be, its administrative act required for authorization.

• for the concession of land, according to the law;
• for awarding by auction the design of public works at the "Feasibility Study" stage, according to the law;
• for court requests and notarial operations regarding real estate transactions, when these operations have as their object:

- merging or splitting land from/into at least 3 plots;

- share-outs or mergers of plots requested for the purpose of construction and infrastructure works;

- establishment of a right of way easement regarding a property.

• The applicant shall submit the documentation to the Registry of the Arad County Council, in two (2) copies, separately, one original and one copy;
• Analysis, by the Endorsements and Agreements Issuance Department of the Technical Investments Directorate, of the technical documentation submitted by the applicant;
• Issuance by the Arad County Council, through the Endorsements and Agreements Issuance Department, of the Installation and/or Road Access Authorization in the public road area, within 15 calendar days from the date of submission of the documentation by the applicant, or communication of the Refusal to Issue the Installation and/or Road Access Authorization in the public road area, as applicable;
• The Installation and/or Road Access Authorization in the public road area / Refusal to Issue the Installation and/or Road Access Authorization in the public road area shall be signed by the President of the Arad County Council, Executive Director of the Technical Investments Directorate, Head of Road and Bridge Administration Service, and by the person who prepared it from the Endorsements and Agreements Issuance Department;
• Communication of the Installation and/or Road Access Authorization in the public road area / Refusal to Issue the Installation and/or Road Access Authorization in the public road area to the applicant, by the Endorsements and Agreements Issuance Department.