The Community of communes of the Fontainebleau-Avon agglomeration

The community of communes of the agglomeration Fontainebleau-Avon is a French inter-commune structure , located in the department of the Seine-et-Marne and the area Île-de-France.

Composition

The Communauté of communes of the Fontainebleau-Avon agglomeration gathers 2 common:

Fontainebleau
Avon

A little history…

November 17th, 1960 was created the Urbain District of the agglomeration of Fontainebleau-Avon (D.AF.A.), 2nd district of France after that of Montargis, to exert competences cleansing, land policy, household refuse and establishment of educational establishments.

It was already a question into 1960 of solving the joint difficulties by a pooling of means: “the creation of the urban district would not carry at all reached to the autonomy of the communes the component, but would facilitate the solution of many common problems which arise for them, for example: the water conveyance, the removal of the household refuse, the drainage system, the factory of purification, constructions school, the roadway system, lighting, housing, town planning, the tourist development, etc” (extracted the deliberation of the municipal council of Fontainebleau dated October 5th, 1960). Thereafter the scope districales were extended as regards town planning (1995), with housing (1997) with the Community roadway system and economic development (2000) before, under the effect of the law Chevènement of 1999, the District is not transformed into a community of communes (order of the prefect of December 28th, 2000).

Current competences of the C.C.F.A.

The community of communes of Fontainebleau-Avon has clean competences, envisaged by the General Code of the Territorial collectivities (Art L.5214-1 and following resulting from the law Chevènement of July 12th, 1999) and included in its statutes.

It is recalled to this occasion that as soon as a community of communes is made up, or that additional competences are transferred to him thereafter, competences become Community cannot be any more exerted by common the members which are, so dispossessions (EC. October 16th, 1970. “Common of St Valliers”).

Concerning the C.C.F.A., are concerned (Art 3 of the order of the prefect of the modified December 28th, 2000):

Aménagement of space: SCOT, revision of the POS/PLU,

Gestion of the services of urban public transport,

Action of bearing economic development on promotion, information and coordination,

Études of the zone of activity on 90 ha of army grounds,

Gestion of a factory of purification of waste water, work of drinking water adduction, management of the services of cleansing and drinkable water supply, elimination and valorization of household waste and assimilated,

Aménagement and management of parks with cars with the accesses of station S.N.C.F.,

Aménagement accesses of station S.n.c.f.

Aménagement and maintenance of the Community roadway system, this one being limitativement defined (list of the ways concerned: Franklin avenue Roosevelt of the Patton place at the coach station; street and place Low Speed; avenue of the Marshal of Villars and street Gambetta)?

Poursuite of a coherent policy of the habitat, definition of the objectives and programs of social housing, guaranteed loan within the framework of the social housing policy, shared quotas of housing,

Participation with construction, and the management of a nautical center on the banks of the Seine, management of a swimming pool and its extension,

Sont also quoted three competences specific in the past to the preceding District: fight against the fire and help, service of housing and installation of a relay transmitter of télévision.

The whole of the receipts and related spending to these activities must appear in the community budget, the contracts and personnel necessary to their implementation must be transferred by the cities with the inter-commune structure (EC. December 18th, 1991, SIVOM co. Genevieve of Wood; EC. October 13rd, 1996, Commune of Lime-the-Clover meadow). The goods, in particular real, must as for them be the subject of a provision, ratified by an official report of reception.

It is because of this obligation to transfer the means necessary to the exercise from competences, that the Local Commission of Evaluation of transfers of charge (CLETC) was joined together with the end of the year 2003 in order to evaluate the cost of the transfers operated since January 1st, 2001 and their effect on the transfer of the attribution of compensation. The communes of Fontainebleau and Avon for this reason transferred to the C.C.F.A. their O.P.A.H. (Programmed Operation of Improvement of the Habitat) as well as management and maintenance from the roadway system become Community.

It is for this reason also that the C.C.F.A. decided on several occasions to grant its guarantee of loan for the realization of housing, that drainage works could be decided and led just as those necessary to the setting to the standards of the swimming pool.

It is finally on this base that the Community Council decided to pour a subsidy with the Tourist office, the latter carrying out an economic development action.

It is for this reason that the three local assemblies recognized in 2004 Community competence for installation, the maintenance and the management of the zone known as “of Bréau” for the realization of a hospital, residences and equipment. It goes from there differently from certain competences which can be potentially exerted by the C.C.F.A, but in the condition express which they are recognized of Community interest by the Municipal councils of common the members according to the rule of the qualified majority (Art L.5214-16-IV of the General Code of the Territorial collectivities), which in the case of the C.C.F.A. requires, the agreement of these two assemblies.

It is the case:

des reachs development concerted (ZAC) qualified Community interest,

of installation, the maintenance and the management of zones of Community activity of interest,

des studies of town planning to character communautaire.

In this second sphere of activity, the C.C.F.A. exerts a competence only if the communes decide to entrust it to him. It is thus about a residual field, controlled by the municipal councils.

With at the time the Community interest of such or such project could until now being defined in the “blow by blow”, the law of August 13rd, 2004 “freedoms and responsibilities local” (article 164) modified requires from now on that the concept of interest Community be defined and is characterized at the latest on August 13rd, 2006. Failing this, the community will then exert the entirety of competences concerned.

Consequently, it will be advisable to fix the criteria shortly making it possible to qualify an operation “of Community interest”, as we also invites there the Regional court of the Accounts in the observations made public on October 5th.

Clarification of the statutes in 2005

The practice revealed that the current statutes were at least to be corrected precise details and formal, from where the need for bringing up to date the statutes and for ensuring a greater legal security the Community acts. Except competence “tourism”, it should be noted that the modifications do not involve any transfer of charge, nor of personnel of common towards the C.C.F.A. the proposals were presented at the time Community council of October 2005: “Community competence as regards modification of the POS today is not clearly established. In order to prevent any contentious risk and delay in the realization of the project, it is proposed to clarify Community competence as regards lawful town planning (development RAINED, revision and modification POS/PLU). In the same way, whereas the C.C.F.A. pours since 2004, with the title of competence economic development, an inter-commune subsidy with the tourist office of the Country of Fontainebleau, instead of the communes, competence tourism is not clarified in the current statutes.

Whereas the C.C.F.A. is competent as regards environment; its statutes aim only the management of the household refuse, drinking water and the cleansing, as it is proposed to recall as the community carries out cations of protection and development of the environment, and in favor of the sustainable development of the forest and the banks of the Seine. By deliberation of March 16th, 2005, the Community council decided the creation of a brigade of monitoring and entry of charge of parking (ASVP). It is advisable to supplement the statutes consequently.

The community has carried for several years a project of pole parks, which is related to its competence transport. He is proposed in a preoccupation with a legibility, to clarify the community nature of this action.

As regards housing policy, it is proposed to recall that the C.C.F.A. was seen transferring the POIH, as well as the operations of urban social development. It would also be advisable to add that having competence as regards housing and habitat, he returns with the C.C.F.A. to exert the urban right of pre-emption since its implementation is necessary to the realization of the local program of the habitat or the realization of social housing. Lastly, article 5 (receipts) being restrictive, it is proposed to supplement it by indicating that the Community receipts are in particular those ensured by the clean taxation but also those which are related to the exercise of Community competences. ”

External bonds

Official site of Avon
Official site of Fontainebleau

Fontainebleau-Avon

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