The Bankruptcy Court has provided THP with 2 Preliminary Injunctions Staying Bond Claims, one on June 2 for 60 days and one on July 30 for 45 days.

For Hatfield Township, and other townships and entities, these stays restrain us from pursing enforcement actions to access the surety bonds. This means Hatfield Township (and other municipalities and entities) must continue to wait for either THP to make public improvements or the stay to end allowing the township to pursue surety bonds.

The July 30 Court Order, viewable under documents, called for a continued hearing on September 10, 2009.

A surety bond is a type of insurance that covers the cost of public improvements in the event that the developer doesn't complete the public improvements agreed upon. The bond for the Westport Farms development is valued at slightly over $1.2 million.

The homeowners association is not responsible for any shortfalls, but no shortfalls are anticipated either.

Unfinished items that would be covered under this bond include:

• the top layer of the roadway,
• basins,
• final landscaping of public land,
• public trails, and
• grading for stormwater management.

No, please leave initial plantings installed by THP for now. The township is working with an engineer to determine which public improvements and plantings are incomplete. Leaving the initial plantings in place will help us with this process. Once we have noted all deficiencies, we will update this answer and notify homeowners that they can remove plants and shrubs.

No, driveways and seeding are not included with the public improvements covered by the bond.

Lawns aren’t usually seeded until grading is complete in a particular section. Use & Occupancy Permits are often issued before seeding as long as the base roadway has been constructed, which it was. The Use & Occupancy Permits that were issued at your settlement are final and valid, however the grading inspections were stamped temporary to allow for final improvements to the overall stormwater grading for the development.

Hatfield Township cannot make any promises on a timeframe for making public improvements in Westport Farms.

Although the township has a surety bond to complete the public improvements, we must follow a defined legal process to draw down on the bond. We ask for your patience as we work through this process.

The first step in the process was taken on May 18, 2009, when Hatfield Township declared that THP is in default for not completing the public improvements. Receipt of this notice was confirmed on May 21, 2009.

After Hatfield Township receives an answer from THP that they will not complete the improvements, we must wait to see if the insurance company that holds the bond will handle the improvements themselves or provide the township with the funds to complete the improvements.

If we must access the bond, we will follow a process similar to an insurance claim. The township will need to address questions posed by the bonding company during this process.

Yes, you may make improvements to your home as long as you secure the appropriate permits from the township. However, we advise against these improvements until the final grading and stormwater management improvements have been completed to avoid having to make costly changes. In addition, conditional language will be added to all permits for Westport Farms properties for improvements such as fences, pools, decks, sheds, and other items.

The conditional language:

By accepting this permit, the homeowner hereby acknowledges and agrees that the final grading and storm water management of the Westport Farms development is not complete, and that any work done under this permit shall be at the homeowner's own risk. It shall be a condition of this permit that if it becomes necessary to perform grading or other storm water management work on any property on which any structures or improvements are erected or situated pursuant to this permit, and if such structures or improvements are located on the area on which such grading and/or storm water management work must be performed, the homeowner shall remove the structures or improvements at the homeowner’s sole cost and expense within 48 hours of receiving notice from the Township to do so. If homeowner fails to so remove said structures or improvements, the Township may remove said structures or improvements and the cost of doing so shall be paid by the homeowner to the Township promptly upon invoice therefore. It is a further condition of this permit that the homeowner shall hold the Township harmless, indemnify and defend the Township for any damage caused by the Township to homeowner’s real or personal property during the removal of any structures or improvements erected or situated pursuant to this permit if the homeowner has failed to remove said structures or improvements pursuant to notice as stated above.

A road is not considered public, and therefore not part of the township’s plow routes, until the top layer is complete and the township accepts the developer’s dedication of the road as public property. However, we will work with the Homeowners Association to resolve this matter. As we get closer to snow season, we will be able to make a more informed decision.