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Can a township in NJ require a developer to provide a performance bond to cover costs of project decommissioning?

New JerseyMiller Act

I'm a member of the Environmental Commission in a NJ township. We developed, and the township committee approved, an ordinance that requires the developers of commercial solar projects to provide a performance bond as described above before they will be issued a construction permit. Our township attorney and the developer's township attorney are now in the process of negotiating a decommissioning agreement for the developer's about-to-be-installed solar array. At lease one party to that negotiation has questioned whether an NJ jurisdiction (the township) can, in fact, require the developer to provide such a performance bond, notwithstanding the ordinance. Your thoughts? Thanks

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