§ 23-5. Phased development projects.

The Department may grant a quantitative and qualitative control waiver for a phased development project if:

(1) by May 4, 2010, a stormwater system has been constructed that is designed to meet:

(i) the regulatory requirements for stormwater adopted in 2000 by the Maryland Department of the Environment; and

(ii) the requirements of this Division II, as in effect on July 27, 2002; or

(2) for future phases of a phased development project that are constructed after May 4, 2010:

(i) the regulatory requirements for stormwater adopted in 2009 by the Maryland Department of the Environment cannot be met; and

(ii) the applicant demonstrates that all reasonable efforts were made to incorporate environmental site design into these phases of the development.