Nearly three years after the completion of 33 homes at a community in Pennsburg, council placed the developer in default. Last month, the members voted unanimously to issue a notice of default to HG Properties 20, LP related to the development of Bayberry Crossing.

            "The developer is four years late in completing the process," Solicitor Mark Hosterman said during the Dec. 10 regular meeting.

            A letter sent to the company requests that the work at the community, located between 8th and 11 streets near the Red Hill border, be completed by June 30. According to Hosterman, the developer said it would strive to get it done by then. The solicitor described the seven-month period as a reasonable time period to complete the work.

            The necessary work includes the paving and dedication of Bayberry Drive, dealing with concrete and sidewalk issues and a stormwater retention basin located near the intersection of Bayberry Drive and Seminary Street.

            Since Bayberry Drive is not dedicated, the school buses are not allowed to drive on it. Also, the road is not plowed or treated by the borough during inclement weather.

            Multiple email messages sent to John Rundy, the borough's appointed engineer, seeking details on the issues related to the retention basin were not returned. An email request seeking comment from Todd Hendricks – sent Monday morning to Chris Kiser, an employee of the developer at THP Homes – was not immediately returned.

            The municipality could utilize an escrow account worth approximately $200,000 to fund the improvements if the developer does not comply, according to Hosterman. He said the borough could seek additional money to complete the cost of the work.

            None of the driveways, located on private property, have received the necessary top coat. The base coat has started to break up at one or two homes.

           Additionally, several sidewalk and curbing issues created during construction remain. The developer's plan to blacktop Bayberry Drive ceased when work by the Pennsylvania Department of Transportation to remove the bridge on Main Street commenced.

            Lisa Hiltz, Pennsburg's administrative manager, did not return an email seeking comment.

            THP Homes built 33 single-estate homes between 2020 and 2022, according to information posted on the company's website. A July 22, 2020, video on its YouTube account identifies the community as being sold out.