Tree removal in Milpitas

For purposes of this section, any person, other than City personnel in the performance of their duties, that unlawfully removes a protected tree, shall be subject to City cost recovery in accordance with X -2-9.01

It shall be unlawful for any person other than City personnel in the performance of their duties to remove any street tree, protected tree or heritage planting without first applying for a permit issued by the Public Works Department.

All trees which have a fifty-six-inch (56") or greater circumference of any trunk measured 4 ½ feet from the ground and located on developed residential property.

All trees which have a thirty-seven-inch (37") or greater circumference of any trunk measured 4 ½ feet from the ground, when removal relates to any transaction for which zoning approval or subdivision approval is required.

Any tree existing at the time of a zoning or subdivision approval and was a specific subject of such approval or otherwise covered by subsection (b) above.

All trees which have a thirty-seven-inch (37") or greater circumference of any trunk measured 4 ½ feet from the ground and located on a vacant, undeveloped or underdeveloped property.

Heritage tree designation may be applied by resolution of the City Council to individual trees or a grove of trees of any size or species within the City of Milpitas that are distinctive, of special historical value or significant community benefit.

The Public Works Department may determine that a tree authorized for removal be replaced by the permittee through the compensation methods described in Section X-2-9.01, subsections (a), (b) or (c) or by planting at least two (2) trees for every one (1) protected tree removed by permit.

The replacement trees shall be commensurate with the size of the tree being removed, as determined by the Director of Planning or his or her designee.