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August 12, 2026 (g) Proof of the decommissioning and site restoration security shall be filed with the Town Clerk prior to commencement of construction and thereafter on an annual basis, or more frequent ly if required by the Town Board. (h) Any remaining security shall be returned to the applicant, owner, operator, lessee, successor, or assign only after the Town Board determines that decommissioning and site restoration have been fully completed in accordance with the approved decommissioning plan, all conditions of approval, and this chapter, and after all costs owed to the Town have been paid in full. (6) Construction/performance security. In addition to the decommissioning and site restoration security, the applicant, owner, operator, lessee, successor, or assign shall provide construction/performance security to guarantee the faithful construction, installation, and completion of the Tier 3 or Tier 4 Solar Energy System and all required improvements, mitigation measures, and conditions of approval in an amount to be determined by the town Board. The construction/performance security shall secure, without limitation: (a) Construction of the Solar Energy System in accordance with the approved plans and conditions of approval; (b) Installation and completion of required access roads, gates, fencing, screening, landscaping, berms, stormwater facilities, erosion and sediment controls, drainage improvements, emergency access improvements, signage, utility improvements, agricultural mitigation measures, and other required site improvements; (c) Protection and repair of Town roads, drainage facilities, rights-of-way, utilities, and other public infrastructure affected by construction; (d) Compliance with all approved plans, including the site plan, stormwater pollution prevention plan, erosion control plan, landscaping and screening plan, agricultural mitigation plan, emergency response plan, tree clearing mitigation plan, traffic or road use plan, and any other plan approved by the Town; (e) Payment of all costs incurred by the Town to enforce compliance during construction, including engineering, legal, planning, environmental, code enforcement, administrative, inspection, and consultant costs; and (f) Stabilization, restoration, or correction of any incomplete, unsafe, defective, noncompliant, or abandoned construction activity. (7) Maintenance security. In addition to decommissioning security and construction/performance security, the applicant, owner, operator, lessee, successor, or assign shall provide maintenance security to guarantee the continued maintenance, repair, replacement, monitoring, and performance of required project improvements, mitigation measures, and conditions of approval following construction in an amount to be determined by the Town Board. Unless a longer period is required by the Town Board, the maintenance security shall remain in effect for a period of not less than five years after issuance of final post-construction certification or such longer period as may be necessary to ensure the establishment and effectiveness of landscaping, screening, stormwater facilities, agricultural mitigation, and other long -term conditions of approval. The Town Board may require the maintenance security to be renewed, extended, increased, replenished, or replaced if the Town determines that the security is insufficient, will expire before the secured obligations are complete, or no longer provides adequate protection to the Town. The maintenance security shall secure, without limitation: (a) Maintenance, repair, replacement, and survival of required landscaping, screening, berms, plantings, native vegetation, pollinator plantings, and visual mitigation measures; (b) Maintenance and repair of fencing, gates, access roads, emergency access routes, signage, lighting, stormwater facilities, erosion controls, drainage improvements, agricultural mitigation measures, and other required site improvements; (c) Compliance with the approved operation and maintenance plan, emergency response plan, landscaping and screening plan, agricultural mitigation plan, stormwater plan, decommissioning plan, and all conditions of approval; (d) Correction of failed plantings, inadequate screening, erosion, sedimentation, drainage failures, damaged fencing, blocked access, unsafe conditions, road damage, or other noncompliant conditions; (e) Payment of Town costs incurred for inspections, enforcement, consultant review, legal review, corrective action, emergency action, or other compliance-related activity; and (f) Any other long-term maintenance obligation imposed by the Town Board as a condition of approval. 20