DECLARATION OF RESTRICTIONS AND COVENANTS
This Declaration of Restrictions and Covenants made as of this _______ day of
__________________, 20____, by _________________________ (the "Grantor"), having an
address of ___________________________________________.
WITNESSETH:
WHEREAS, Grantor is the owner of certain land situated in ______ Township,
_______County, Pennsylvania, containing +/- __ acres and being designated as ___________ on
that certain Subdivision Plan recorded in ____ County Plot Book Volume _____, Page _____,
and being ______ County Tax Parcel # 3-23-32 N, and being more particularly described in that
certain Deed recorded to ______ County Instrument No. _____________, and which parcel
includes wetlands and uplands through which _______ ________ flows ("Property"); and
WHEREAS, the _________ is classified as a ________ Water Fishery, and ___________
is a wild trout stream and the wetland, located in or along the floodplain of the reach of
_________________ is an exceptional value wetland (“Wetland”); and
WHEREAS, Grantor has agreed to provide this Declaration of Restrictions and
Covenants to protect the Property; and
WHEREAS, the protection and preservation of the Wetland is an important
environmental priority of the Commonwealth of Pennsylvania and is essential for the
preservation of the wild trout and other aquatic habitat in Sandy Run; and
WHEREAS, the protection and preservation of the Property, its natural and open space
values, and water quality (the "Conservation Value") is of great importance to the Grantor; and
WHEREAS, Grantor desires and intends that the Conservation Value of the Property be
preserved and maintained by the continuation of patterns of land use that will not interfere with or
impair the Conservation Value.
NOW THEREFORE, in consideration of the above and the mutual covenants, terms,
conditions, and restrictions hereinafter set forth in this Declaration of Restrictions and
Covenants, and other good and valuable consideration, receipt of which is hereby acknowledged,
Grantor provides and files this Declaration of Restrictions and Covenants:
1.
Purpose. It is the purpose of this Declaration of Restrictions and Covenants to
preserve and protect in perpetuity the natural and open space condition of the Property, including
the natural condition of the Wetland and the water quality of the ________________ flowing
through the Wetland, and to prevent the use or development of the Property in any manner that
will impair or conflict with the Conservation Value of the Property.
1
2.
Declaration of Restrictions and Covenants. Grantor hereby declares that the
Property shall be held, transferred, conveyed, leased, occupied or otherwise disposed of and used
subject to this Declaration of Restrictions and Covenants which shall run with the land and be
binding on all heirs, successors, assigns, and lessees.
Grantor hereby grants and conveys this Declaration of Restrictions and Covenants in
Gross with respect to the Property.
3.
Perpetual Duration. The provisions of this Declaration of Restrictions and
Covenants shall be deemed to be covenants running with and binding the land comprising the
Property, and shall continue in perpetuity.
4.
Rights Department of Environmental Protection. To accomplish the purposes
stated above, the following rights are conveyed to the Pennsylvania Department of
Environmental Protection (Department):
(a)
To identify, to preserve and to protect in perpetuity the Conservation
Value of the Property.
(b)
To enter upon the Property in a reasonable manner and at reasonable
intervals and times for the purpose of monitoring compliance with this Declaration of Restrictions
and Covenants.
(c)
To proceed at law or in equity to enforce the provisions of this
Declaration of Restrictions and Covenants, and to prevent the occurrence of any of the prohibited
activities hereinafter set forth.
5.
Prohibited Uses. Any activity on or use of the Property inconsistent with the
purpose of this Declaration of Restrictions and Covenants is prohibited. Without limiting the
generality of the foregoing, the following activities and uses are expressly prohibited on or in the
Property.
(a)
Degradation of Ecological Elements of the Wetland. Any activity or use
which will or may result in a degradation of any of the ecological elements or of the Wetland in
such manner as to have a detrimental effect upon its functions and values, fish or wildlife or their
natural habitat or upon the natural ecosystems and their processes.
(b)
Industrial/Commercial Activities. No industrial or commercial activities
shall be conducted on or within the Property.
(c)
Quarrying and Excavation. No quarrying, excavation, depositing, mining
or removal of rocks, minerals, gravel, sand, soil, or other similar materials from the Property shall
occur.
2
(d)
Streams and Wetlands. No damming, diking, draining, filling or alteration
of the Wetland or stream shall occur except maintenance of the wetland or the stream channel, or
habitat improvement with the prior review and written approval of the Department.
(e)
Tree and Vegetation Cutting and Removal. No trees, woodland or
understory vegetation within the Wetland shall be cut or removed, except nonnative invasive
species or dead, diseased or dangerous trees and understory vegetation, provided that the prior
approval of the Department is obtained and the cutting and methods of removal will not disturb
native trees, understory shrubs and plants, or the adjacent wetlands.
(f)
Signs. No signs, billboards or outdoor advertising structures shall be placed,
erected or maintained on the Property except existing billboards and a reasonable number of
regulatory signs, for example "No Trespassing" signs, and signs to identify the environmental
values or amenities of the Property.
(g)
Dumping. No depositing, dumping, abandoning or release of any solid
waste or debris or any liquid wastes or chemical substance shall occur or be permitted on the
Property, except as permitted in accordance with the requirements of all applicable federal, state,
and local laws.
(h)
Improvements. No building, structure, or facility shall be constructed,
installed, placed, reconstructed, erected upon or attached to, or maintained on the Property, except
ADA accessible fishing features, a compacted gravel parking area and hiking trails.
(i)
Surface Use. There shall be no surface use except fishing, hunting, and
hiking on the Property except for purposes of preserving the water or land areas, or the
improvements or appurtenances thereto.
(j)
Other Activities. There shall be no other activities affecting drainage,
flood control, water conservation, erosion control, soil conservation, or fish or wildlife habitat
preservation undertaken on the Property.
6.
Reserved Rights. Grantor reserves and excepts unto itself and its successors and
assigns, all rights accruing from its ownership of the Property, including the right to engage in or
permit or invite others to engage in all uses of the Property that are not expressly prohibited herein
and are not inconsistent with the purpose of this Declaration of Restrictions and Covenants.
7.
Successors. The covenants, terms and restrictions of this Declaration of
Restrictions and Covenants shall be binding upon and inure to the benefit of the Grantor hereto
and its successors and assigns and shall continue as a servitude running with the Property in
perpetuity.
8.
Subsequent Transfers. The terms of this Declaration of Restrictions and
Covenants shall be incorporated by reference into any deed or other legal instrument by which
Grantor divests itself by sale, exchange, devise or gift of all or any portion of the Property. The
Department shall be furnished with written notice of the transfer of any such interest,
3
accompanied by a copy of the document utilized to effect such transfer, within thirty (30) days of
the date of such transfer. Failure of Grantor to perform any act required by this paragraph shall
not impair the validity of this Declaration of Restrictions and Covenants or limit its enforceability
in any way. Upon valid sale or transfer of Grantor’s ownership interest to a successor or assign
and notice as required by this paragraph, Grantor shall be released from any responsibility for any
violation of the terms of this Declaration of Restrictions and Covenants caused by Grantor’s
successors or assigns or any third party which occurs subsequent to such sale or transfer.
9.
Public Access. Nothing contained in this Declaration of Restrictions and
Covenants shall be construed as affording or limiting the public access to any portion of the
Property, except that the Grantee may close any portion of the Property to the public for a
reasonable period of time for public safety reasons, species conservation issues, to accommodate
ecological research, implementation of conservation measures and construction of the
improvements permitted in paragraph 5 (h), and for other activities consistent with the purpose
of this Declaration that do not unduly restrict public access.
10.
Recordation. Grantor shall record this instrument in the Official Records of Blair
County, Pennsylvania. Grantor shall pay all recording costs necessary to record this Declaration
of Restrictions and Covenants in the public records.
11.
Notices. All notices, consents, approvals or other communications required under
the provisions of this Declaration of Restrictions and Covenants shall be in writing and shall be
deemed properly given if hand delivered, sent by a nationally recognized overnight courier, or
sent by United States certified mail, return receipt requested, addressed to the appropriate party or
successor in interest, at the address most recently provided.
12.
Miscellaneous Provisions.
(a)
Severability. If any provision of this Declaration of Restrictions and
Covenants or the application of it to any person or circumstance is found to be invalid, the
remainder of the provisions of this Declaration of Restrictions and Covenants and the application
of the provisions to persons or circumstances other than those as to which it is found to be
invalid, shall not be affected by the invalid provision.
(b)
Amendment. This Declaration of Restrictions and Covenants may not be
amended or in any way modified by the Grantor without the express approval of the Department.
(c)
Controlling Law. The interpretation and performance of this Declaration
of Restrictions and Covenants shall be governed by the laws of the Commonwealth of
Pennsylvania.
(d)
Captions. The captions in this instrument have been inserted solely for
convenience of reference and are not a part of this instrument and shall have no effect upon
construction or interpretation.
4
IN WITNESS WHEREOF, the undersigned, being the Grantor herein, have hereunto
set their hands and seals on the day and year first above written.
ATTEST:
___________________________________
Date
___________________________________
Date
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ______________
On this, the _____ day of ______________, 20____, before me a Notary Public,
personally appeared ______________________, known to me (or satisfactorily proven) to be
the person whose name is subscribed to the foregoing document, and acknowledged that he
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
_____________________________________
Notary Public
5