[HISTORY: Adopted by the Council of the Township of Montclair 5-17-2022 by Ord. No. O-22-07. Amendments noted where applicable.]
The Township of Montclair will require that at least 70% of newly procured plants (shrubs, groundcovers, and flowers) in each category as well as 70% of trees used in public places be native, in order to:
A. 
Protect and promote appropriate native vegetation; and
B. 
Be a leader in addressing the biodiversity crisis; and
C. 
Promote microhabitats in suburban areas for the conservation of pollinators and birds; and
D. 
Create larger, more connected plant populations, to help ensure the future of native plant species by increasing their ability to migrate in response to changes in climate.
As used in this chapter, the following terms shall have the meanings indicated:
NATIVE PLANT OR TREE
Occurring in the northeast and mid-Atlantic regions of the United States before Euro-American settlement.
Invasive species listed on the New Jersey Invasive Species Strike Team Don't Plant List are hereby banned from future procurement.
Deer-resistant native plants should be used to the extent they are available.
The use of non-native plant species shall be permitted in:
A. 
Places where vegetables, herbs, and fruit trees are grown on public property;
B. 
Public grass areas, and athletic fields;
C. 
Planters, pots, and hanging baskets in all commercial business districts;
D. 
Traffic circles, dividers; and
E. 
Dedicated areas within Township parks around park signs, flag poles and memorials.
All regulations pertaining to public land that are in conflict with this chapter, in whole or in part, are hereby repealed to the extent that they are in conflict.
The Montclair Environmental Commission, by way of an annual memo to the Township Council, should review the above exceptions and procurement percentages annually and make recommendations to the Township Council for changes as the marketplace for native plants and trees evolves to meet demand.
If any portion of this chapter 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 chapter.
This chapter shall be known and may be cited as the "Jose German-Gomez Native Species Act."