7 Del. Admin. Code § 1149-5.0
Current through Register Vol. 28, No. 1, July 1, 2024
Section 1149-5.0 - Classification of Land According to Use 5.0.1 Class A noise zone5.1 Lands designated Class A shall generally be residential areas where human beings sleep or areas where serenity and tranquility are essential to the intended use of the land. 5.1.1 The land uses in this category shall include, but not be limited to, single and multiple family homes, hotels, prisons, hospitals, religious facilities, cultural activities, forest preserves, and land intended for residential or special uses requiring such protection.5.2 Class B noise zone 5.2.1 Lands designated Class B shall generally be commercial in nature, areas where human beings converse and such conversation is essential to the intended use of the land.5.2.2 The land uses in this category shall include, but not be limited to, retail trade, personal, business and legal services, educational institutions, government services, amusements, agricultural activities, and lands intended for such commercial or institutional uses.5.3 Class C noise zone 5.3.1 Lands designated Class C shall generally be industrial where protection against damage to hearing is essential, and the necessity for conversation is limited.5.3.2 The land uses in this category shall include, but not be limited to, manufacturing activities, transportation facilities, warehousing, military bases, mining, and other lands intended for such uses.5.4 Mixed Class Noise Zone 5.4.1 Good land planning arranges for Class A zones to be buffered from Class C zones by a Class B zone. Some areas are mixed zones in practice, wherein Class C land uses abut, adjoin or include Class A use. Whenever this situation comes to the attention of the Department, the person responsible for the objectionable noise source shall make every effort to conform with Section 6.0. A final acceptable noise limit shall be determined by the Secretary based on Best Practical Noise Control Measures.7 Del. Admin. Code § 1149-5.0