City of Milpitas
The City of Milpitas requires a permit for the removal of trees. Below you will find the text of the City Ordinance that pertains to street tree removal.
Chapter 2 TREE AND PLANTING
X-2-4.02 Permit Required for Removal
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 from the Public Works Department. 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) and (b). (Ord. 201.4 (part), 12/6/05)
X-2-4.03 Permit Required for Trimming
It shall be unlawful for any person, other than City personnel, to trim any approved street tree without first obtaining a permit from the Public Works Department. The permit shall be issued when the Public Works Department finds that the trimming is necessary and that the proposed method is satisfactory. A permit is not required for removing sucker growth, watersprouts, minor limbs causing obstructions, or for the removal of less than ten percent (10%) of the tree canopy. (Ord. 201.4 (part), 12/6/05)
X-2-5.02 Removal of Trees or Plantings in Public Right-of-Way
The City may remove any other planting which constitutes a hazard or may endanger the health, well-being, or property of the public or which constitutes an obstruction to the vision of traffic. Said removal shall not be made, however, without prior notice to the property owner and an opportunity to be heard as provided for in Section X-2-8.02, unless the Public Works Department determines in his or her sole discretion that removing said tree or planting is immediately necessary for the protection of the public peace, health or safety. (Ord. 201.4 (part), 12/6/05)
X-2-5.03 Trees Replacement
The City may replace an approved street tree or other planting, which has died or may have been removed for any reason, or plant additional street trees deemed appropriate consistent with available resources. (Ord. 201.4 (part), 12/6/05)
Section 7 Tree Protection and Heritage Tree Program
X-2-7.01 Existing Trees Protected
It shall be unlawful to remove existing trees within the City except in accordance with Subsection X-2-4.02. (Ord. 201.4 (part), 12/6/05)
Trees protected in this Section are:
(a) All trees which have a fifty-six-inch (56?) or greater circumference of any trunk measured 4 1/2 feet from the ground and are located on developed residential property.
(b) All trees which have a thirty-seven-inch (37?) or greater circumference of any trunk measured 4 1/2 feet from the ground measured and are located on developed commercial or industrial property.
(c) All trees which have a thirty-seven-inch (37?) or greater circumference of any trunk measured 4 1/2 feet from the ground, when removal relates to any transaction for which zoning approval or subdivision approval is required.
(d) Any tree that existed at the time of a zoning or subdivision approval and was a specific subject of such approval or otherwise covered by subsection X-2-7.01-1(b) above.
(e) All trees which have a thirty-seven-inch (37?) or greater circumference of any trunk measured 4 1/2 feet from the ground and are located on a vacant lot, undeveloped or underdeveloped property.
(f) All heritage trees or groves of trees as defined in Section X-2-2.10. (Ord. 201.4 (part), 12/6/05)
Measurement of circumference for the purpose of applying Subsection 2-7.01-1 shall be made with a taut tape, four feet six inches above the ground. (Ord. 201.4 (part), 12/6/05)
(a) 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.
(b) A tree or grove of trees may be designated as a heritage tree or heritage tree grove upon a finding that it is unique and of importance to the community due to any of the following factors:
1. It is an outstanding specimen or grove of a desirable species.
2. It is one of the largest or oldest trees or grove of trees in <st1:City w:st="on"><st1:place w:st="on">Milpitas</st1:place></st1:City>.
3. The tree or grove of trees possesses distinctive form, size, age, location and/or historical significance.
(c) A heritage tree designation may be requested by any person and with the written consent of the property owner.
(d) Heritage tree designation may be removed by resolution of the City Council by its own motion, or by recommendation from the Community Advisory Commission upon written request by any person. (Ord. 201.4 (part), 12/6/05)