3514

LAWS OF MARYLAND

Ch. 752

(III) ANY FEES OR TAXES IMPOSED UNDER THIS
PARAGRAPH SHALL BE USED ONLY FOR THE PURPOSES STATED IN THIS
PARAGRAPH AND MAY NOT REVERT TO THE GENERAL FUND OF THE MUNICIPAL
CORPORATION.

[(35)] (36) (i) It has been and shall continue to be
the policy of this State that the orderly development and use of
land and structures requires comprehensive regulation through
implementation of planning and zoning controls.

(ii) It has been and shall continue to be the
policy of this State that planning and zoning controls shall be
implemented by local government.

(iii) To achieve the public purposes of this
regulatory scheme, the General Assembly recognizes that local
government action will displace or limit economic competition by
owners and users of property.

(iv) It is the policy of the General Assembly
and of this State that competition and enterprise shall be so
displaced or limited for the attainment of the purposes of the
State policy for implementing planning and zoning controls as set
forth in this article and elsewhere in the public local and
public general law.

(v) The powers granted to the municipality
pursuant to this subsection shall not be construed:

1.  To grant to the municipality powers in
any substantive area not otherwise granted to the municipality by
other public general or public local law;

2.   To restrict the municipality from
exercising any power granted to the municipality by other public
general or public local law or otherwise;

3.  To authorize the municipality or its
officers to engage in any activity which is beyond their power
under other public general law, public local law, or otherwise;
or

4.  To preempt or supersede the regulatory
authority of any State department or agency under any public
general law.

44.

Pursuant to the provisions of § 5 of Article HE of the
Constitution of Maryland prohibiting any municipal corporation
classified by the General Assembly under the provisions of § 2 of
Article HE of the Constitution of Maryland from levying any type
of tax, license fee, franchise tax or fee which was not in effect
in the municipal corporation on January 1, 1954, unless it has
received the express authorization of the General Assembly for