(1) it is not appurtenant to an interest in real property;

(2) it can be or has been assigned to a person other than the original holder;

(3) it is not of a character that has been recognized traditionally at common law;

(4) it imposes a negative burden;

(5) it imposes an affirmative obligation on a person having an interest in the real property or on the holder;

(6) the benefit or burden does not touch or concern real property;

(7) there is no privity of estate or contract;

(8) the holder dies, ceases to exist, resigns or is replaced; or

(9) the persons identified as owner and holder in the environmental covenant are the same person.

(1) An instrument which creates restrictions or obligations with respect to real property which would, except for the fact that the instrument was recorded before the effective date of this chapter, qualify as activity and use limitations is not invalid or unenforceable:

(2) This chapter does not apply in any other respect to an instrument referred to in paragraph (1).

(1) This chapter does not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest, which is otherwise enforceable under the laws of this Commonwealth.

(2) Nothing in this chapter shall be construed to restrict, affect or impair the rights of any person to enter into or record a restrictive covenant, institution control, easement, servitude or other restriction on the use of property permitted by law that does not satisfy the requirements of this chapter and does not have the permission, approval or consent of an agency, a political subdivision, a regulatory body or another unit of government. However, a restrictive covenant, institutional control, easement, servitude or other restriction on the use of property that does not satisfy the requirements of this chapter and does not have such permission, approval or consent is not subject to this chapter.