Book: 5327 Page: 3972
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improved and utilized as follows:
(1) Drainage facilities, retention ponds, lakes and related improvemems may be made by the Developer as long as they are in compliance with all applicable Development Orders issued by the City ofNew Smyrna Beach. (2) Vegetation shall not be altered or removed except as permitted by applicable Development Orders. No motorized boats or personal water craft (e.g., jet skis) shall be allowed upon the Jakes or retention ponds except for boats utilized in necessary maintenance of such Jakes and ponds; (3) No water shall be removed or added to the Jakes by any person or entity without the prior pemtission of the Owners Association, (4) No waste or foreign materials shall be dumped or scattered in the Drainage Areas, but thls shall not prohibit the use of fertilizers or pesticides in the minimum amounts necessary to stabilize and maintain vegetation in the Drainage Areas in functionally and aesthetically pleasing conditions. The below listed activities and uses are prohibited in or upon all Conservation Easements Areas, except to the extent such activities are specifically authorized by perntits issued by the District or the City ofNew Smyrna Beach: (1) Construction or placing of buildings, roads signs, billboards or other advertising, utilities, or other structures on or above the ground. (2) Dumping or placing of soil or other substances or materials as landfill or dumping or placing of trash, waste, or unsightly or offensive materials. (3) Removal or destruction of trees, shrubs, or other vegetation. (4) Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface. (5) Surface use, except for purposes that permit the land or water area to remain predominantly in its natural condition. (6) Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation. (7) Acts or uses detrimental to such retention of land or water areas. (8) Acts or uses detrimental to the preservation of the structural integrity or physical appearance of sites or properties of historical, architectural, archaeological, or cultural significance. All construction, including dredging or filling, shall be prohibited waterward of the 22
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