[HISTORY: Adopted by the Mayor and Council
of the Borough of Madison 5-13-2024 by Ord. No. 13-2024.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was originally specified to
be added as Chapter 28 but was renumbered to maintain the organization
of the Code.
This chapter shall be known and may be cited as "Borough of
Madison Landscape Ordinance Promoting the Use of Appropriate Native
Vegetation on Municipal Property."
A.
Whereas, native plants are localized, well adapted to the local soils
and climate, tend to be more insect and disease resistant, and require
less watering and fertilizing than nonnative plants.
B.
Whereas, local governments use native plant ordinances to improve
the landscape principles that guide landscaping of all new developments.
Many communities find that the use of appropriate native vegetation
in local landscaping helps achieve water conservation goals, preserves
habitat, and reduces landscaping maintenance costs.
C.
Whereas, wildlife such as birds are more attracted to the native
plants with which they co-evolved, and use such plants for food, cover,
and rearing their young.
D.
Whereas, native plants, having evolved in the climate, are extremely
hardy and therefore have lower maintenance and replacement costs.
E.
Whereas, native plant usage helps restore the ecological balance
we have lost through development.
The governing body desires to increase the amount of native,
environmentally beneficial plant species on municipal property in
the Borough by establishing standards for the purchase and installation
of new and replacement plants. This will help extend the biodiverse
habitat of the Drew Forest to our public spaces. The Borough recognizes
the significant benefits of establishing and protecting native vegetation
and, therefore, the necessity to require the use of native vegetation
in all newly planted public landscaped areas within the Borough.
The Borough strongly recommends that developers, private property
owners, and landscapers of private property avoid species on the New
Jersey Invasive Species Strike Team's Do Not Plant List. Seeds
from invasive plants on private property are spread by birds and damage
the ecosystems of Borough woodlands and parks.
As used in this chapter, the following terms shall have the
meanings indicated:
A cultivated variety of plant that has been produced by selective
breeding to emphasize or minimize certain traits of the parent plant.
Cultivars are usually propagated asexually by cloning. Changes to
a plant's natural color or bloom shape can reduce the plant's
value to native birds and insects. Double blooms make pollen and nectar
inaccessible. Changes in foliage color changes the plant's natural
chemistry and may repel beneficial insects. Unnatural bloom color
may make the plant less visible to pollinators. A cultivar is identified
by the cultivar name being in single quotes following the Latin scientific
name or before the common name: For example, Rudbeckia fulgida is
the straight species of perennial Black-Eyed Susan. Rudbeckia fulgida 'Goldsturm'
or 'Goldsturm' Black-Eyed Susan is a cultivar. Cultivated
varieties of native plants are sometimes also referred to as "nativars."
The offspring of two different species or varieties. Plants
created by crossing native species with nonnative species may have
reduced ecological benefits and are not considered true native plants.
A plant species that is nonnative (or alien) to the ecosystem
and whose introduction causes or is likely to cause economic or environmental
harm, harm to human health, and/or disruption of naturally occurring
native plant communities by altering structure, composition, natural
processes, or habitat quality. Refer to the New Jersey Invasive Species
Strike Team Do Not Plant List on the Madison Environmental Commission's
page at rosenet.org/1495/Native-Plants-Resources.
Native species such as oaks, birches, hickories, pines, willows,
goldenrods, and asters that have exceptional benefits for an ecosystem.
There are two types of keystone plants: host plants that feed the
young caterpillars of approximately 90% of butterflies and moths and
plants that feed both generalist bees and specialist bees who only
eat pollen from specific plants. A list of Keystone Native Plants
for Madison's ecoregion (Ecoregion 8, Eastern Temperate Forests)
can be found on the Madison Environmental Commission's page at
rosenet.org/1495/Native-Plants-Resources.
Continuous plant coverage by a grass species that is regularly
mowed to maintain an established height.
The commission, established by Chapter 16 of Borough of Madison Code, with a mandate to make recommendations to the Mayor and Council in areas of conservation and environmental protection.
The advisory committee, established by Chapter 45 of Borough of Madison Code, empowered with full and exclusive control over the selection, planting, care and control of shade and ornamental trees and shrubbery on municipal property, including the planting, trimming, spraying, care and protection thereof.
Land owned by the Borough of Madison.
Indigenous terrestrial or aquatic plant species that have
grown naturally and evolved over thousands of years to be well adapted
to the climate, light, soil conditions, geology, and wildlife in a
particular region. Such plants tend to be more drought- and disease-resistant
than species introduced from other regions; and they help preserve
the balance and beauty of natural ecosystems. For purposes of this
chapter, the range of plants shall be those native to the mid-Atlantic
region of the United States prior to European contact. "Going Native:
A Guide to Landscaping With Native Plants in Northern New Jersey"
can be found at on the Madison Environmental Commission' page
on rosenet.org/1495/Native-Plants-Resources. A list of Recommended
Canopy Trees is available on the Shade Tree Management Board page,
rosenet.org/489/Tree-Guidelines-Landmark-Trees.
Animals (primarily insects, but sometimes birds or mammals)
that fertilize plants through the movement of pollen, resulting in
the formation of seeds and fruits that humans and other animals rely
on for food. The majority of flowering plant species rely on native
bees, butterflies, moths, and hummingbirds to make the next generation
of plants. New Jersey is home to approximately 350 species of native
bees.
A native plant that is not a cultivated variety (aka cultivar)
or has not been bred to emphasize or minimize certain traits of the
parent plant.
After the effective date of this chapter, these practices shall
apply to all public town buildings and public land within the incorporated
and unincorporated areas of the municipality. This chapter shall apply
to new and replacement plantings. It does not require the removal
and replacement of healthy existing plants.
A.
The municipality shall, to the extent possible and to the extent
such plants are reasonably available, prioritize using and installing
native plants that are straight species (not cultivars or hybrids)
on any municipal property.
B.
Cultivars may need to be chosen for disease resistance or size/height
management; care should be taken to ensure that leaf and flower color
as well as flower form is as close to the straight species as possible.
Hybrid species should be avoided.
A.
After the effective date of this chapter, the municipality shall
not use or install any invasive plant in any municipal property. Landowners
and developers shall be encouraged to plant native plants and avoid
planting invasive plants on their property.
B.
Plans to replace existing invasive species with ecologically beneficial
native species are encouraged.
The Borough strongly encourages prioritizing the selection and
planting of keystone native plant species on municipal property.
Deer-resistant native plants are encouraged. The Native Plant
Society of New Jersey provides a list of deer-resistant plants; see
link on the Madison Environmental Commission's page at rosenet.org/1495/Native-Plants-Resources.
It's strongly recommended that newly planted trees be planted
with deer rub protectors and maintained in place while the trees are
young.
The Shade Tree Management Board is responsible for enforcement, as detailed in the Shade Tree Management Board Ordinance, § 45-15 of the Borough Code, https://ecode360.com/6487606.
The use of nonnative plant species (excluding invasives) shall
be permitted in:
A.
Vegetable gardens and areas where fruit and culinary herbs are grown,
such as the Madison Community Garden;
B.
Municipal lawn areas and athletic fields;
C.
Seasonal planters, pots, and hanging baskets in all commercial business
districts, including the traffic island plantings area on Lincoln
Place;
D.
Dedicated areas around memorial monuments within the Borough;
E.
Existing rose garden planting areas; use of native rose species is
encouraged but not required.
All regulations pertaining to municipal land that are in conflict
with this chapter, in whole or in part, are hereby repealed to the
extent that they are in conflict.
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 take effect 30 days after it is enacted by
the Borough; provided, however, that this article shall not apply
to any plantings carried out pursuant to existing contracts, invitations
to bid, or designs completed prior to the effective date of this chapter.
