COUNCILORS YACOBELLIS, RUSSO AND PRICE ABRAMS TO INTRODUCE THE “JOSE GERMAN-GOMEZ NATIVE SPECIES ACT”

ACT TO REQUIRE THE USE OF NATIVE PLANTS IN PUBLIC PLACES IN MONTCLAIR

MONTCLAIR, N.J. – Today, in collaboration with Councilor Bob Russo and Councilor Lori Price Abrams, Councilor Peter Yacobellis announced the introduction of the “Jose German-Gomez Native Species Act. Councilor Robin Schlager also signaled strong support.

In addition to requiring that only native plants, defined as a plant occurring the northeast region of the U.S. before Euro-American settlement, be used in public places in Montclair, the Act is intended to protect and promote appropriate native vegetation, protect microhabitats for the conservation of wildlife, encourage new and maintain existing wildlife habitats. Its intent is to also create larger, more connected plant populations, and to help ensure the future of native plant species by increasing their ability to migrate in response to climate change.

“Before I was elected, my fourth ward Grove Street neighbor, Jose German-Gomez who Renee Baskerville introduced me to, invited me to tour his whimsical backyard, community garden at Our Lady of Mt. Carmel church and his demonstration gardens at Crane Park. I don’t know that I’ve ever met someone so passionate about plant life and all its benefits to people and our suffering planet. As a fellow environmentalist, I’ve been so inspired over the years by his relentless work and advocacy, and I consider Jose to be a true Montclair treasure.”, said Councilor Yacobellis. “This act will put Montclair at the forefront of communities working hard to re-populate our local environments with native vegetation so that we can support insects, butterflies, birds and other creatures reliant on a healthy, native ecosystem.”, he added

“We must do everything we can to protect our environment. And there is no better local champion than Jose German-Gomez. I’m happy to be able to introduce this Act with my fellow Councilor-At-Large Peter Yacobellis. These are exactly the kinds of things municipalities can do to be part of the change to heal our planet.”, said Councilor Bob Russo

“With pollinators and so much of our ecology threatened by development and climate change, one of the most important things we can do for our environment is to try to restore native ecosystems. I’m thankful to Jose and all the incredible people in our community who think about our planet and advocate for changes like this.”, said Councilor Lori Price Abrams

“Being on the Planning Board, this comes up a lot and we try to incorporate this into private projects as much as possible. So, I’m really happy to support doing this for public spaces too. This is something that is close to my heart.”, said Councilor Robin Schlager

“Montclair is again taking the lead in environmental protection and restoration in the state of New Jersey.  This ordinance will have a positive impact for future Montclair generations and will help the township achieve other environmental goals. The environmental community in New Jersey is celebrating this milestone with all of us. The Northeast Earth Coalition (NEEC) is grateful for the support we have received from Alliah Livingstone, Chair of the Parks and Recreation Advisory Committee, Councilors Peter Yacobellis and his colleagues, Deb Ellis of the New Jersey Native Plant Society, and David Wasmuth, Northeast Earth Coalition Board Member. “, said Jose German-Gomez

“On behalf of the Montclair Parks & Recreation Advisory Committee (PRAC), we are thrilled the Township Council will be considering Mr. German’s Native Pollinator Ordinance. Simply put, it just makes sense. It supports the township’s existing efforts to preserve and encourage the recultivation of our native plant species (an effort Mr. German and the Northeast Earth Coalition have been spearheading for years) in a gradual way that also incorporates reasonable exceptions for township institutions like May in Montclair. The PRAC enthusiastically endorses this ordinance, and we are grateful for Mr. German and the NEEC’s environmental expertise guiding our township to be a more active environmental steward.”, said Alliah Agostini Livingstone, Chair of the Montclair Parks & Recreation Advisory Committee

Yacobellis notes the Act, which is contained below, is being introduced first for discussion on Tuesday, March 15^th. “My hope is that we can advance this for a first vote in early April and a final vote in time for Earth Day. I thought that would be a great way to honor Jose and everyone’s work for our precious planet.”, said Councilor Yacobellis

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TOWNSHIP OF MONTCLAIR ORDINANCE ESTABLISHING THE USE OF APPROPRIATE NATIVE VEGETATION ON TOWNSHIP-OWNED PROPERTY

“JOSE GERMAN-GOMEZ NATIVE SPECIES ACT”

April 5, 2022

WHEREAS, the Township of Montclair recognizes the significant benefits of establishing and protecting appropriate native vegetation for species conservation and ecological restoration; and

WHEREAS, the Environmental Protection Agency acknowledges the importance of native plants not only for their beauty, but also for their ability to reduce soil erosion, improve water quality, store carbon, and reduce air and noise pollution; and

WHEREAS, the United States Department of Agriculture recognizes that native plants are particularly adapted to the local climate and soil conditions where they naturally occur and provide nectar, pollen, and seeds for native butterflies, insects, birds, and other animals; and

WHEREAS, 90% of native butterflies and moth species can only reproduce on the native plants they evolved with; and

WHEREAS, common horticultural plants that are not native to an area do not provide energetic rewards for their visitors and often require insect pest control to survive; and

WHEREAS, since the 1970’s, native pollinator populations have declined 70% due to widespread use of pesticides in agribusiness, loss of habitat from development, and from our insistence on non-native plants in landscaping; and

WHEREAS, in 2008, the National Wildlife Federation certified the Township of Montclair as a Community Wildlife Habitat, making Montclair the first such certified community wildlife habitat in New Jersey; and

WHEREAS, such certification requires the creation and protection of habitats for native birds and their food chain; for example, most birds cannot rear their young without caterpillars, and most caterpillars require native host plants; and

WHEREAS, on May 1, 2017, Governor Chris Christie signed into law bill S-227/A963 which required the New Jersey Department of Transportation, the New Jersey Turnpike Authority, and the South Jersey Transportation Authority to use solely native vegetation for landscaping, land management, reforestation efforts, and habitat restoration; and

WHEREAS, on January 10, 2022, Governor Phil Murphy signed legislation launching the Jersey Native Plants Program within the Department of Agriculture to promote the sale of native plants at retail garden centers and nurseries; and

WHEREAS, the Township acknowledges the need to maximize the use of appropriate native vegetation in all public landscaped areas within Montclair.

NOW, THEREFORE, BE IT ORDAINED, the Township of Montclair will require the use of native plants in public spaces in order to:

• Protect and promote appropriate native vegetation; and
• Promote microhabitats in suburban areas for the conservation of wildlife by establishing new wildlife habitats and maintaining existing wildlife habitats; and
• Create larger, more connected plant populations, and to help ensure the future of native plant species by increasing their ability to migrate in response to changes in climate; and

BE IT FURTHER ORDAINED, a native plant is defined as a plant occurring in the northeast region of the United States before Euro-American settlement; and

BE IT FURTHER ORDAINED, the terms and provisions of this ordinance shall apply to new trees and plants planted on Township of Montclair property; and

BE IT FURTHER ORDAINED, one hundred percent of plants (bushes, groundcovers, and flowers) installed on Township property shall be native to the northeast region of the United States, and ninety-eight percent of street trees shall be native to the northeast region of the United States; and

BE IT FURTHER ORDAINED, the use of non-native plant species shall be permitted in:

• Places where vegetables, herbs, and fruit trees are grown on public property; and
• Lawns and athletic fields; and • Planters, pots, and hanging baskets in the following business districts: Church Street, Bloomfield Avenue, Montclair South End, Walnut Street, Watchung Plaza, and Valley Road Upper Montclair; and

BE IT FURTHER ORDAINED, all regulations that are in conflict with this ordinance, in whole or in part, are hereby repealed to the extent that they are in conflict; and

BE IT FURTHER ORDAINED, if any portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate provision and shall not affect the validity of the remaining portions of the ordinance; and

BE IT FURTHER ORDAINED, this ordinance shall be known and may be cited as the “Jose German-Gomez Native Species Act;” and

BE IT FURTHER ORDAINED, this ordinance shall take effect on the date it is enacted by the Montclair Township Council.