The Department may grant a quantitative and qualitative control waiver for a phased development project if: by May 4, 2010, a stormwater system has been constructed that is designed to meet:the regulatory requirements for stormwater adopted in 2000 by the Maryland Department of the Environment; and the requirements of this Division II, as in effect on July 27, 2002; or for future phases of a phased development project that are constructed after May 4, 2010:the regulatory requirements for stormwater adopted in 2009 by the Maryland Department of the Environment cannot be met; and the applicant demonstrates that all reasonable efforts were made to incorporate environmental site design into these phases of the development. Ord. 10-277